- 24 - agreement, petitioner believed that his investment in San Nicholas offered tax benefits, and his decision to invest was influenced, in part, by that belief. Third, we do not think that petitioner, a successful businessman and, in petitioner’s counsel’s words, “a man who knew about investments”, exercised due care at the time that he signed the subscription agreement. In this regard we are again unable to accept uncritically petitioner’s contention that he reasonably relied on the offering memorandum. The short answer to this contention is that petitioner either did not read the offering memorandum in its entirety or chose to ignore portions thereof. See Goldman v. Commissioner, 39 F.3d 402, 407-408 (2d Cir. 1994), (holding that the taxpayer’s reliance on offering materials was not reasonable), affg. T.C. Memo. 1993-480; see also Pasternak v. Commissioner, 990 F.2d 893, 903 (6th Cir. 1993), affg. Donahue v. Commissioner, T.C. Memo. 1991-181, holding that claims that are probably “too good to be true” should be investigated by a reasonably prudent person.21 20(...continued) Commissioner, 99 T.C. 202, 212 (1992); Duralia v. Commissioner, T.C. Memo. 1994-269; see also Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). 21 The record includes a promotional videotape, produced by U.S. Agri and featuring its president Mr. Pace, that described jojoba as “liquid gold” and as “the industrial crop of the future”, which would be cultivated in “some of the most hostile land anywhere”. This videotape was provided to petitioner by Mr. (continued...)Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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