- 26 - would have caused a prudent investor to question the propriety of the tax benefits. We would certainly expect no less from an individual described by his counsel as “an astute businessman”. Petitioner contends that his experience with farming and his reading about jojoba gave him confidence in the viability of his investment in San Nicholas. Petitioner essentially compared and equated the production costs of jojoba found in the articles he read with his own knowledge of citrus groves, and concluded that the jojoba industry would be profitable. Yet, had petitioner delved deeper into the nature of his investment, he would have inquired into both the operational aspects of the partnership and the nature of the research that U.S. Agri was to conduct under the terms of the R&D contract.22 See Fawson v. Commissioner, T.C. Memo. 2000-195. Petitioner contends that he visited jojoba plantations before he invested in San Nicholas and that such visits demonstrate due care in making the investment. Yet the record suggests that petitioner’s visits to the plantations were, at best, incidental to other business that he had in the Desert 22 We find it curious that petitioner would choose to emphasize his experience in farming when the record clearly demonstrates that he did not have any experience in either the farming of jojoba or the research or development of jojoba. In addition, petitioner’s professed experience in farming was essentially limited to some orange groves, which produced a gross profit of $262 in 1983, and a family-owned ranch in northern California that was operated, before it was sold in 1980, by his father.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011