Estate of Ronald Busch, Deceased, Rochelle Busch, Executrix and Rochelle Busch, et al. - Page 45

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          sustained respondent's imposition of the negligence additions to            
          tax with respect to one of the partners therein.13  The taxpayer            
          had relied in part upon a tax opinion contained in the offering             
          materials.  The Court of Appeals for the Ninth Circuit reversed             
          our imposition of the negligence additions to tax.  However, the            
          prefaces to the offering memoranda14 for the Partnerships herein            
          warned prospective investors that the tax opinion letter was not            
          in final form, and was prepared for the general partner, and that           
          prospective investors should consult their own professional                 
          advisers with respect to the tax benefits and tax risks                     
          associated with the respective Partnerships.  The tax opinion               
          letter was addressed solely to the general partner and contained            
          the following opening disclaimer:                                           
               This opinion is provided to you for your individual                    
               guidance.  We expect that prospective investors will                   
               rely upon their own professional advisors with respect                 
               to all tax issues arising in connection with an                        
               investment in the Partnership and the operations                       
               thereof.  We recognize that you intend to include this                 
               letter with your offering materials and we have                        
               consented to that with the understanding that the                      

          13   Osterhout v. Commissioner, T.C. Memo. 1993-251, involved a             
          group of consolidated cases.  The parties therein agreed to be              
          bound by the Court's opinion regarding the application of the               
          additions to tax provided for under sec. 6653(a), inter alia.               
          Accordingly, although the Court's analysis focused on one                   
          taxpayer, the additions to tax were sustained with respect to all           
          of the parties.                                                             
          14   As noted, the offering memoranda for SAB Reclamation and SAB           
          Recovery were submitted into the records in docket Nos. 1643-89             
          and 618-90, the Snyder cases, but not in docket No. 599-89, the             
          Busch case.                                                                 





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