Jackie H. Hunt - Page 10




                                       - 10 -                                         
          whether she visited Mr. Mussina in person or sent him papers to             
          review, she could not recall whether he provided her with a                 
          written opinion, and she could not recall whether she was billed            
          for the advice.                                                             
               The facts in this case are similar to those in Glassley v.             
          Commissioner, T.C. Memo. 1996-206.  In that case we found that              
          the taxpayers--                                                             
               acted on their fascination with the idea of participating in           
               a jojoba farming venture and their satisfaction with tax               
               benefits of expensing their investments, which were clear to           
               them from the promoter’s presentation.  They passed the                
               offering circular by their accountants for a “glance” * * *.           
          Id.  Similarly, petitioner in this case acted on her enthusiasm             
          for the potential uses of jojoba and acted with knowledge of the            
          tax benefits of making the investment.  There is no reliable                
          evidence in the record suggesting the exact nature of the advice            
          that was given, or upon what facts such advice was based.                   
          Petitioner has failed to establish that she consulted with Mr.              
          Mussina concerning the proper tax treatment of the partnership              
          loss, or even if she had, that her reliance on such advice was              
          reasonable or in good faith.  See id.; Chamberlain v.                       
          Commissioner, supra at 732.                                                 
               In her brief, petitioner cites Kantor v. Commissioner, 998             
          F.2d 1514 (9th Cir. 1993), affg. in part and revg. in part T.C.             
          Memo. 1990-380.  In Kantor, the Court of Appeals for the Ninth              
          Circuit held that the taxpayers were not negligent because they             






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