Janet L. Wiest - Page 10




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          promissory note.7                                                           
               Prior to investing in San Nicholas, petitioner did not have            
          any experience or expertise in jojoba, nor did petitioner have              
          any experience or expertise in the area of research or                      
          development of jojoba.                                                      
               Petitioner’s decision to invest in San Nicholas was                    
          influenced by the fact that Mr. Pace, his friend and business               
          associate, was president of U.S. Agri, see infra “G”, and that              
          Mr. Kellen, another of petitioner’s friends and business                    
          associates, had also invested in San Nicholas.8                             
               Petitioner’s decision to invest was also influenced by                 
          petitioner’s belief that an investment in San Nicholas offered              
          tax benefits.                                                               
               Prior to investing in San Nicholas, petitioner did not                 
          consult any attorney.9                                                      

               7 The note, which was recourse in form, contemplated                   
          payments of interest only for the first 5 years.  As matters                
          actually transpired, late in the 1980s, the limited partners were           
          given the option of paying a steeply discounted percentage of the           
          principal in cash.  The record does not disclose whether                    
          petitioner elected this option.                                             
               8 Mr. Kellen’s investment in San Nicholas also culminated in           
          a case in this Court.  See Kellen v. Commissioner, T.C. Memo.               
          2002-19; see also Utah Jojoba I Research v. Commissioner, T.C.              
          Memo. 1998-6, discussed infra in subdivision “J”, regarding Mr.             
          Kellen’s involvement in another jojoba partnership.                         
               9 Although Mr. Kellen was an attorney, he never rendered any           
          legal advice to petitioner concerning San Nicholas.  Indeed,                
          petitioner never consulted Mr. Kellen in his capacity as an                 
                                                             (continued...)           





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