Janet L. Wiest - Page 31




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          Thus, whatever advice petitioner may have received from Mr. Pace            
          fails as a defense to negligence because of Mr. Pace’s lack of              
          competence to give such advice and the clear presence of a                  
          conflict of interest.  See Goldman v. Commissioner, 39 F.3d at              
          408; LaVerne v. Commissioner, 94 T.C. 637, 652-653 (1990), affd.            
          without published opinion 956 F.2d 274 (9th Cir. 1992); Rybak v.            
          Commissioner, 91 T.C. 524, 565 (1988); Barlow v. Commissioner,              
          T.C. Memo. 2000-339; see also Weitzman v. Commissioner, T.C.                
          Memo. 2001-215, wherein we stated that “The fact that * * * [the            
          putative adviser] introduced the partnership investment to                  
          petitioner should have put petitioner on guard that * * * [the              
          putative adviser] was engaged in selling rather than acting as an           
          independent adviser.”                                                       
               Petitioner also contends that he reasonably relied on advice           
          from Mr. Jacobs.  At the time of trial, Mr. Jacobs was deceased;            
          accordingly, we do not know first hand what knowledge he may have           
          had or what advice he may have given.  The record does establish            
          that Mr. Jacobs only became interested in the farming of jojoba             
          in 1982, so his experience was limited, and he did not have any             
          experience or expertise in the research or development of jojoba.           
          See Freytag v. Commissioner, 89 T.C. at 888.  The record also               
          establishes that Mr. Jacobs was involved in the sale of limited             
          partnership interests in a number of jojoba partnerships.                   
          Accordingly, any advice that he may have given can be analogized            






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