Janet L. Wiest - Page 25




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          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...)           





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