Janet L. Wiest - Page 33




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          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.                                        





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