General K. Hilliard and Ida M. Hilliard - Page 24

          T.C. 473, 489 (1972); Enoch v. Commissioner, 57 T.C. 781, 803               
          (1972); see Ma-Tran Corp. v. Commissioner, 70 T.C. 158, 173                 
          (1978).                                                                     
               Petitioners claimed to have relied solely on their                     
          accountant.  Such reliance, to mitigate negligence, must be                 
          reasonable.  Petitioners are college- and medical school-educated           
          individuals who pursued rental and charter activities with the              
          sole or primary purpose of off-setting ordinary income from their           
          professional activities.  They paid little attention to                     
          information provided by the promoter, and they did not make                 
          business plans or seek professional advice regarding their rental           
          and charter activities.  Petitioners' accountant was not shown to           
          have expertise in the boat charter business, nor did petitioners            
          show that their reliance on him was reasonable under the                    
          circumstances.  After making the investment in the fishing boat,            
          petitioners paid little or no attention to the major asset of               
          their activity, a boat with a value approaching $200,000.  All              
          that mattered to them were the deductions.                                  
               With respect to their sailboat and Tahoe property, those               
          assets were available for petitioners' personal use and no                  
          meaningful efforts were made to seek a profit or to improve the             
          circumstances after repeated losses and lack of rental income               
          were experienced.  Petitioners' claim of reliance upon their                
          accountant or return preparer does not entitle them to avoid the            
          imposition of an addition to tax for their negligence.                      
               Accordingly, we find that petitioners are liable for an                




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