Estate of Ronald Busch, Deceased, Rochelle Busch, Executrix and Rochelle Busch, et al. - Page 47

                                       - 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 Medical                       






Page:  Previous  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  Next

Last modified: May 25, 2011