Ernest I. Korchak - Page 28

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          Goldman v. Commissioner, 39 F.3d 402, 408 (2d Cir. 1994), affg.             
          T.C. Memo. 1993-480; Freytag v. Commissioner, supra.                        
               A taxpayer’s reliance on representations by insiders,                  
          promoters, or offering materials is not sufficient to establish             
          that a taxpayer reasonably relied on competent professional                 
          advice.  Neonatology Associates, P.A. v. Commissioner, supra;               
          Goldman v. Commissioner, supra at 408; LaVerne v. Commissioner,             
          94 T.C. 637, 652-653 (1990), affd. without published opinion 956            
          F.2d 274 (9th Cir. 1992), affd. in part without published opinion           
          sub nom. Cowles v. Commissioner, 949 F.2d 401 (10th Cir. 1991);             
          Berry v. Commissioner, T.C. Memo. 2001-311; Ferraro v.                      
          Commissioner, T.C. Memo. 1999-324.  Pleas of reliance have also             
          been rejected when the adviser knew nothing about the nontax                
          business aspects of the contemplated venture.  See Freytag v.               
          Commissioner, supra at 888; Beck v. Commissioner, 85 T.C. 557,              
          572-573 (1985); Buck v. Commissioner, T.C. Memo. 1997-191.                  
               Petitioner contends that he acted with due care and did not            
          fail to do what a reasonable or ordinarily prudent person would             
          do under the circumstances because:  (1) His background was in              
          the fields necessary for him to have conducted a thorough                   
          analysis of the scientific and economic merits of the investment,           
          and he conducted such an analysis; (2) he relied on his tax                 
          return preparer, HG&C, and Boylan & Evans; and (3) he invested in           
          Madison primarily to earn a profit and only secondarily for its             






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