- 32 - partnership. Equally significant, the record suggests that petitioner’s conversation with Dr. Yermanos was, at best, incidental to other business that petitioner had in the area, as the following colloquy between petitioner and respondent’s counsel demonstrates: Q: This Dr. Yermanos, where was he-–where was he located? A: He was with the University of California at Riverside in the Ag–-I don’t know how familiar you are with Riverside, but they have a complete research–-oh, there originally was probably 300 acres in there that they–-you know, they–-oh, what do I want to say, they experiment. Well, they put like greenhouses over a citrus tree and then give it a disease and see what it does. So, it’s a research area that the University of California uses and it’s an ag research. Q: And you said you spoke with him once? A: That’s correct, yeah. Q: What did you show him, anything? A: No. He–-basically, I had a friend of mine who did these greenhouses. The Luminex Corporation built these greenhouses, and I was out there seeing him, and he was out there by where the plants were and stuff, and so I talked to him, you know, asked him about–-you know, questions about it. Q: Okay. And so you didn’t have an appointment to meet him or anything. A: No. No, I did not. In short, there is simply nothing in the record to indicate that this individual at the University of California provided any advice to petitioner that would absolve him from liability for the additions to tax for negligence.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