Janet L. Wiest - Page 32




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          to that of insider or promoter, which advice is inherently                  
          suspect.  E.g., Addington v. Commissioner, 203 F.3d at 59;                  
          Pasternak v. Commissioner, 99 F.2d at 903.                                  
               In Glassley v. Commissioner, T.C. Memo. 1996-206, we found             
          that the taxpayers:                                                         
               acted on their fascination with the idea of                            
               participating in a jojoba farming venture and their                    
               satisfaction with tax benefits of expensing their                      
               investments, which were clear to them from the                         
               promoter’s presentation.  They passed the offering                     
               circular by their accountants for a “glance” * * *.                    
          The record in the present case suggests that whatever advice may            
          have been given by Mr. Jacobs was nothing more than a generalized           
          affirmation to invest in jojoba.  Indeed, at trial, petitioner              
          testified that Mr. Jacobs “thought * * * the investment was very            
          good”.                                                                      
               Petitioner also contends that he reasonably relied on advice           
          from a professor at the University of California at Riverside, a            
          Dr. Yermanos, an individual whom petitioner regards as an expert            
          in jojoba.26  Yet petitioner admits that he met this individual             
          only once and that he showed him no documentation whatsoever.               
          Indeed, there is nothing in the record to suggest that petitioner           
          ever discussed the details of San Nicholas with Dr. Yermanos or             
          that Dr. Yermanos even knew about the existence of the                      


               26 We note that this individual did not testify at trial, so           
          we know essentially nothing about him.  We also note that no                
          mention is made of a “Dr. Yermanos” in Utah Jojoba I Research v.            
          Commissioner, T.C. Memo. 1998-6.                                            





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