Joseph P. and Mary B. McDonald - Page 13




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               The present case is distinguishable from Anderson in two               
          important respects.  First, in the case at hand, Mr. Trimboli was           
          involved with principals of the investment prior to the creation            
          of the partnership.  In particular, he was in contact with Mr.              
          Cole, who was to become the general partner of Arid Land, and               
          with Mr. Pace, who was to become the president of the research              
          and development contractor.  Although petitioners argue that Mr.            
          Trimboli was an outsider who coincidentally prepared the                    
          partnership’s return, we find that Mr. Trimboli’s relationship              
          with the partnership and its principals makes him more than a               
          disinterested commission-based salesman, as was the case in                 
          Anderson.  In light of his relationship to Arid Land, Mr.                   
          Trimboli cannot be considered to be an independent adviser.                 
               Second, the investment adviser in Anderson was a good friend           
          of the taxpayer.  Petitioners’ relationship with Mr. Trimboli was           
          purely professional and is not analogous to the close friendship            
          between taxpayer and adviser in Anderson.  See also Dyckman v.              
          Commissioner, T.C. Memo. 1999-79 (taxpayers reasonably relied on            
          an adviser who was a close personal friend); Reile v.                       
          Commissioner, T.C. Memo. 1992-488 (taxpayers reasonably relied on           
          advice from an adviser who was an acquaintance and fellow “temple           
          recommend holder”).  Furthermore, petitioners’ professional                 
          dealings with Mr. Trimboli were only in the context of an                   
          accountant-client relationship, primarily in the preparation of             






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