52 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 ofPage: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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