- 15 - 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 notPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011