George W. Brooke and Karen Brooke - Page 7

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          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 regarding                




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