Gilfred B. and Patricia Swartz - Page 12




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          conflict of interest in advice given to investors).  However, the           
          court stressed that the investment adviser--an independent                  
          insurance agent and registered securities dealer--was a good                
          friend of the taxpayer and was not affiliated with the investment           
          the taxpayers entered into.  Anderson v. Commissioner, supra at             
          1271.                                                                       
               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            






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