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 anPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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