Andrew and Margita Zards et al. - Page 24

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                    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 substantial             







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