- 35 - relied on PI for the value of the recyclers. An investor as sophisticated as petitioner either learned or should have learned the source and shortcomings of Becker’s valuation information when he reported to them and “precisely” disclosed “what [he] had done to investigate or analyze the transaction.” Accordingly, we hold that petitioners did not in good faith or reasonably rely on Becker as an expert or qualified professional working in the area of his expertise to establish the fair market value of the recyclers and the viability or bona fides of the SAB Foam transactions. Becker never assumed such responsibility, and he fully described the particulars of his investigation, taking care not to mischaracterize it as “due diligence”. In the end, petitioners indirectly and Becker directly relied upon PI personnel for the value of the recyclers and the economic viability of the SAB Foam transactions. See Vojticek v. Commissioner, T.C. Memo. 1995-444, to the effect that advice from such persons “is better classified as sales promotion.” As explained above, Becker did not have any education, special qualifications, or professional skills in plastics materials or plastics recycling. A taxpayer may rely upon his adviser’s advice and expertise (in this case accounting and tax advice) only where such reliance is objectively reasonable, but it is not reasonable or prudent to rely upon a tax adviser regarding matters outside his field of expertise or with respect to factsPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
Last modified: May 25, 2011