- 47 - independent of the Partnerships. In addition, the offering memoranda disclosed that the Partnerships had no prior operating history and the general partner had no prior experience in marketing recycling or similar equipment. Petitioners' position also is not supported by Evatt v. Commissioner, T.C. Memo. 1992-368, Borrell v. Commissioner, T.C. Memo. 1989-251, or Mollen v. United States, 72 AFTR 2d 93-6443, 93-2 USTC par. 50,585 (D. Ariz. 1993), cases in which the negligence addition to tax was denied. In the Borrell case, the taxpayer had nurtured and developed a trust in her adviser through social activities with him and his family, and she knew that the adviser's three daughters were partners in the venture (the other two partners were the taxpayer and a hospital administrator). No such relationship existed between petitioners and Becker, and Snyder had not spoken to Miller in roughly 25 years. In the Evatt case, the taxpayer relied upon an attorney and an accountant to convert his business to corporate form and prepare his and the corporation's tax returns, matters well within their areas of expertise. Here, petitioners relied on Becker and Miller for matters beyond their area of expertise. Accordingly, petitioners' reliance on the Borrell and Evatt cases is misplaced. In Mollen, the taxpayer was a medical doctor who specialized in diabetes and who, on behalf of the Arizona MedicalPage: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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