- 9 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011