Robert H. Avellini - Page 27

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            his 1981 return, however, petitioner claimed an operating loss in                           
            the amount of $8,945.  Therefore, like the taxpayers in Provizer                            
            v. Commissioner, T.C. Memo. 1992-177, "except for a few weeks at                            
            the beginning, [petitioner] never had any money in the                                      
            [Clearwater] deal."  A reasonably prudent person would have asked                           
            a qualified independent tax adviser if this windfall were not too                           
            good to be true.  McCrary v. Commissioner, 92 T.C. 827, 850                                 
            (1989).                                                                                     
                  In fact, petitioner argues that he consulted a qualified                              
            adviser and relied upon him in claiming the disallowed losses and                           
            tax credits.  Petitioner argues that his reliance on the advice                             
            of Efron insulates him from the negligence additions to tax.                                
                  Under some circumstances a taxpayer may avoid liability for                           
            the additions to tax for negligence under section 6653(a) if                                
            reasonable reliance on a competent professional adviser is shown.                           
            Freytag v. Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d                            
            1011 (5th Cir. 1990), affd. 501 U.S. 868 (1991).  Such                                      
            circumstances are not present in this case.  Moreover, reliance                             
            on professional advice, standing alone, is not an absolute                                  
            defense to negligence, but rather a factor to be considered.  Id.                           
            In order for reliance on professional advice to excuse a taxpayer                           
            from the negligence additions to tax, the reliance must be                                  
            reasonable, in good faith, and based upon full disclosure.  Id.;                            
            see Weis v. Commissioner, 94 T.C. 473, 487 (1990); Ewing v.                                 






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