Janet L. Wiest - Page 27




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          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.                                                                     





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