- 31 - 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.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011