- 8 - 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 anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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