Alondra Industries, Limited, d.b.a. Accent Insulation Company and Subsidiaries, et al. - Page 52

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          information to the professional adviser.  Weis v. Commissioner,             
          supra at 487; Pessin v. Commissioner, 59 T.C. 473, 489 (1972).              
          When considering the negligence addition, we must evaluate the              
          particular facts of each case, considering the relative                     
          sophistication of the taxpayers, as well as the way in which they           
          approached their decisions.  Vorsheck v. Commissioner, 933 F.2d             
          757, 759 (9th Cir. 1991); Levine v. Commissioner, T.C. Memo.                
          1995-362; Lucas v. Commissioner, T.C. Memo. 1995-341.                       
               In these cases, petitioners contend that their actions were            
          reasonable because they relied upon Mr. Malis, a tax attorney and           
          certified public accountant, in using Pertinax and because the              
          corporate income tax returns were prepared by certified public              
          accountants.                                                                
               Petitioners have not established that they fully informed              
          the preparers of all information that should have been taken into           
          account in preparing their returns.  Mr. Malis did testify that             
          he drafted and revised the Management Agreement, but not that he            
          gave advice on tax matters.  Although it must be regarded as                
          highly probable that, as general counsel of the various entities,           
          he offered such advice, the record does not so indicate, and we             
          do not know what his advice was.  See Allen v. Commissioner,                
          supra at 354.  In any case, and most importantly for our                    
          purposes, petitioners cannot be regarded as lacking                         
          sophistication, in view of the extensive business experience of             







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