Janet L. Wiest - Page 30




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          corporation was the R&D contractor and licensee of San Nicholas             
          and other jojoba partnerships.  Indeed, at one time, Mr. Kellen             
          was also a director of U.S. Agri.  Accordingly, any advice that             
          Mr. Kellen may have given was essentially that of an insider or             
          promoter, which advice is inherently suspect.  E.g., Addington v.           
          Commissioner, 205 F.3d at 59; Pasternak v. Commissioner, 990 F.2d           
          at 903.                                                                     
               Petitioner also contends that he reasonably relied on advice           
          from Mr. Pace, the individual who furnished him with the offering           
          memorandum and promotional videotape.  At the time of trial, Mr.            
          Pace was deceased; accordingly, we do not know first hand what              
          knowledge he may have had or what advice he may have given.25               
          The record does establish that Mr. Pace was the president of U.S.           
          Agri and a member of its board of directors.  Petitioner, who was           
          Mr. Pace’s friend and business associate, was aware that Mr. Pace           
          was an interested party and that Mr. Pace had a conflict of                 
          interest.                                                                   
               Reliance on promotional materials furnished by the promoter            
          of the partnership or by an interested party does not constitute            
          due care.  See, e.g., Addington v. Commissioner, 205 F.3d at 59             
          (“It is unreasonable for taxpayers to rely on the advice of                 
          someone who they should know has a conflict of interest.”).                 


               25 In Utah Jojoba I Research v. Commissioner, T.C. Memo.               
          1998-6, the Court found that before 1983, Mr. Pace had only                 
          limited knowledge of, and minimal background in, jojoba.                    





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