Anthony J. and Claire L. Pace - Page 15

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          Commissioner, 92 T.C. 827, 850 (1989); Rybak v. Commissioner, 91            
          T.C. 524, 565 (1988).  We have rejected pleas of reliance when              
          neither the taxpayer nor the advisers purportedly relied upon by            
          the taxpayer knew anything about the nontax business aspects of             
          the contemplated venture.  Beck v. Commissioner, 85 T.C. 557                
          (1985); Flowers v. Commissioner, 80 T.C. 914 (1983); Steerman v.            
          Commissioner, T.C. Memo. 1993-447.                                          
               These cases do not present a situation such as that found in           
          Heasley v. Commissioner, 902 F.2d 380, 385 (5th Cir. 1990), revg.           
          T.C. Memo. 1988-408, where the Fifth Circuit Court of Appeals               
          held that taxpayers, who were unsophisticated investors not                 
          educated beyond high school, were not liable for the negligence             
          additions to tax.  The facts in the present cases are                       
          distinguishable.  Petitioners herein are all well-educated.  The            
          late Edgar Berry was a surgeon in 1981 and his wife, petitioner             
          Dorothy Berry, graduated from Radcliffe College.  Petitioner Pace           
          graduated from St. Bonaventure in 1958.  He has been working in             
          the brokerage business since the late 1960's and during 1981 he             
          was a highly compensated institutional salesman at Bear Stearns &           
          Co.  Petitioners Pace reported income or losses from nine                   
          different partnerships on their 1981 Federal income tax return,             
          while petitioners Berry reported income or losses from four                 
          different partnerships, estates or trusts, or small business                
          corporations.  Accordingly, the record indicates that unlike the            
          taxpayers in Heasley, petitioners in these cases were not                   




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