George W. Brooke and Karen Brooke - Page 8

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          matters outside of his field of expertise or with respect to                
          facts which he does not verify.                                             
               During 1984, Mr. Booker worked as an agent for Encore,                 
          selling its tax shelters at a commission rate of 20 percent of              
          receipts from the sales of leases.  Booker v. Commissioner, T.C.            
          Memo. 1996-261.  During the latter part of 1984, Mr. Booker                 
          issued three newsletters directed to his master recording lease             
          clients entitled DERWYN J. BOOKER, TAX ADVANTAGED INVESTMENT                
          COUNSELING.  Id.   Mr. Booker received commissions from Encore in           
          the amount of $11,010 in 1984 and in the amount of $2,976 in 1985           
          with respect to his 1984 master lease sales.  Id.  As stated                
          earlier, reliance on representations by insiders or promoters is            
          an inadequate defense to negligence.  Reliance on professional              
          advice must be objectively reasonable.  Chamberlain v.                      
          Commissioner, supra at 732; Goldman v. Commissioner, 39 F.3d 402            
          (2d Cir. 1994), affg. T.C. Memo. 1993-480.  Taxpayers may not               
          rely on someone with an inherent conflict of interest.  Goldman             
          v. Commissioner, supra at 408.  Additionally, taxpayers must be             
          able to show that the adviser reached his or her decisions                  
          independently.  See Leonhart v. Commissioner, 414 F.2d 749 (4th             
          Cir. 1969), affg. T.C. Memo. 1968-98.  As an agent for Encore,              
          Mr. Booker had an inherent conflict of interest, as a result of             
          which petitioners can in no way show that Mr. Booker reached his            
          decisions independently when advising them.  We find that any               






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