Richard Santulli and Virginia Santulli - Page 35

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               Petitioner, who himself was a longtime expert in                       
               structuring leasing transactions, and who relied on the                
               many professionals associated with the transactions,                   
               including but not limited to * * * [certain] major New                 
               York law firms * * * and independent tax counsel (who                  
               either negotiated, reviewed or drafted the documents in                
               issue and advised Petitioner) believed that he would be                
               "at risk" with respect to the Notes he signed in the                   
               transactions.  * * *                                                   
               As a general rule, the duty of filing accurate returns                 
          cannot be avoided by placing responsibility on a tax return                 
          preparer or other expert.  See, e.g., Metra Chem Corp. v.                   
          Commissioner, 88 T.C. 654, 662 (1987).  Nevertheless, this Court            
          has declined to sustain additions to tax under section 6653(a) in           
          cases in which the taxpayer relied in good faith on the advice of           
          a tax expert.  See, e.g., Woodbury v. Commissioner, 49 T.C. 180,            
          199 (1967); Brown v. Commissioner, 47 T.C. 399, 410 (1967), affd.           
          per curiam 398 F.2d 832 (6th Cir. 1968); Donlon I Dev. Corp. v.             
          Commissioner, T.C. Memo. 1993-374.  However, a close examination            
          of these cases reveals that they raised questions as to the tax             
          treatment of complex transactions and that the position taken on            
          the returns with respect to such items had a reasonable basis.              
               We do not believe that petitioners have satisfied those                
          criteria.  Petitioner is a self-proclaimed expert in structuring            
          leasing transactions.  Therefore, for him, the activities in                
          question were not complex.  Moreover, petitioners have not                  
          carried their burden of showing that petitioner relied on expert            
          opinion that the at-risk positions in question had a reasonable             
          basis in law.  Petitioner testified that he consulted with                  




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