David C. Wilson - Page 25

                                       - 25 -                                         
          uneducated so-called blue-collar workers in Heasley, petitioners            
          were essentially college educated and relatively wealthy young              
          men.  Aside from their own abilities to read and consider the               
          proposed investment in EI, petitioners had the resources to                 
          employ competent independent advisers and had been fully warned             
          that they should do so.  Unlike the taxpayers in Heasley,                   
          petitioners here chose to pay little attention to their                     
          investments and to ignore the admonitions in the offering                   
          circular that they should consult with capable independent                  
          advisers.  We consider petitioners' arguments with respect to the           
          Heasley case inapplicable to the circumstances here.                        
               From the record in these cases, we conclude that respondent            
          has satisfied her burden of proving negligence in the Wilson case           
          for 1981 and in the Sorey case for 1978 and 1979, and that Sorey            
          has failed to satisfy his burden of proof as to respondent's                
          determination of negligence for 1981.  We hold that petitioner              
          Sorey is liable for the negligence addition to tax for 1978,                
          1979, and 1981, and that petitioner Wilson is liable for such               
          addition to tax for negligence for 1981.                                    
          Issue 4.  Sec. 6659 Valuation Overstatement                                 
               Respondent determined that Sorey was liable for the                    
          additions to tax for valuation overstatement under section 6659             
          on the underpayments of his 1978, 1979, and 1981 Federal income             
          taxes attributable to the investment tax credits and business               






Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next

Last modified: May 25, 2011