- 7 - factor to be considered. Freytag v. Commissioner, supra at 888. In order for reliance on professional advice to excuse a taxpayer from the negligence additions to tax, the reliance must be reasonable, in good faith, and based upon full disclosure. Id. Reliance on representations by insiders, promoters, or offering materials has been held an inadequate defense to negligence. LaVerne v. Commissioner, 94 T.C. 637, 652-653 (1990), affd. without published opinion 956 F.2d 274 (9th Cir. 1992), affd. without published opinion sub nom. Cowles v. Commissioner, 949 F.2d 401 (10th Cir. 1991); Marine v. Commissioner, 92 T.C. 958, 992-993 (1989), affd. without published opinion 921 F.2d 280 (9th Cir. 1991). Reliance on a professional adviser can be inadequate when the taxpayer and his adviser knew nothing about the nontax business aspects of the venture. Beck v. Commissioner, 85 T.C. 557 (1985); Flowers v. Commissioner, 80 T.C. 914 (1983). Based upon our review of the record in the instant case, we find that petitioners' reliance on both Mr. Howell and Mr. Booker was not reasonable. We do not believe Mr. Howell's experience as a professional entertainer, with some experience in the recording industry, gave him the expertise to properly evaluate the economic sense of participation in Encore. We find that petitioners have failed to show that Mr. Howell is a competent professional financial adviser with respect to the leasing and exploitation of a master recording. It is simply not reasonable or prudent for petitioners to rely upon an adviser regardingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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