- 24 - To the best of my recollection, this was presented as a distressed property with the possibility of profit and each distressed property acquired is usually employed for whatever was built. We had apartment houses. We had hotels. This was the first one that was a health facility. I addressed myself to the value of the property, to the placement of the property and so explained it to the investors. The actual narrative of it, I do not remember. It is true that reliance on the advice of an expert can, in some circumstances, defeat a claim of negligence. E.g., Industrial Valley Bank & Trust Co. v. Commissioner, 66 T.C. 272, 283 (1976). The long and the short of it, however, is that this is not one of those cases. Not only could Vebeliunas not remember well what he advised petitioners, petitioners have not pointed out to us any testimony by Vebeliunas that relates at all to the tax consequences of their investments. Petitioners have failed to carry their burden of proving that they were not negligent, and we so find. We uphold respondent's determinations of negligence in all respects. B. Substantial Understatement Respondent has determined additions to tax under section 6661 for all years in issue and for all petitioners except for petitioners Zards. For returns due before January 1, 1990, section 6661 provides for an addition to tax equal to 25 percent of the amount of any underpayment attributable to a substantialPage: 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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