Glenn A. Mortensen - Page 32

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          advice from a tax professional concerning the Hoyt investment.              
          Petitioner’s testimony concerning his reliance on his father’s              
          tax professional--to whom petitioner did not pay any fee for                
          advice--was vague and lacked any degree of detail.  In                      
          particular, it remains unclear exactly what information was                 
          contained in the packet that petitioner asserts he sent to his              
          father.  Petitioner also did not provide the name of the                    
          professional, and while he initially testified that the                     
          professional was a tax lawyer, he later referred to him a his               
          father’s “tax accountant”.  Petitioner provided no                          
          contemporaneous written statement from the professional, and he             
          testified that because of his father’s death he was unable to               
          discover the professional’s name prior to trial.  Petitioner’s              
          description of the advice from the professional was also vague,             
          consisting merely of a broad and conclusory statement that                  
          nothing about the investment was illegal.  Petitioner admits that           
          he did not personally speak with the professional, that he did              
          not provide him with any details concerning his particular                  
          investment with the Hoyt organization, and that he was unsure how           
          much of the informational packet the professional reviewed.                 
          Furthermore, although the professional purportedly told                     
          petitioner’s father that there were risks involved with the                 
          investment, petitioner did not question the professional                    
          concerning the nature of the risks or otherwise investigate them.           






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