- 12 - MSA, both Geldbach and Southard were unknown to petitioner. We cannot say that reliance on the advice of virtual strangers who promoted MSA amounts to reasonable conduct. Such reliance is not the type of activity that overcomes the additions to tax for negligence or intentional disregard of the rules or regulations. Patin v. Commissioner, 88 T.C. 1086, 1130 (1987), affd. without published opinion 865 F.2d 1264 (5th Cir. 1989), affd. sub nom. Gomberg v. Commissioner, 868 F.2d 865 (6th Cir. 1989), affd. sub nom. Skeen v. Commissioner, 864 F.2d 93 (9th Cir. 1989), affd. without published opinion sub nom. Hatheway v. Commissioner, 856 F.2d 186 (4th Cir. 1988). Petitioner points to his reliance on the appraisal prepared by McGraw-Hill as evidence of his reasonable and prudent conduct. However, the appraisal was part and parcel of the memorandum and may not be considered unbiased and independent information. In addition, a thorough reading of the appraisal indicates that the calculation of the fair market value of the tapes was based on many assumptions, several of which are in direct conflict with information provided elsewhere in the memorandum. Petitioner's argument that the cost of an independent appraisal would have been prohibitive is unconvincing. See Kirwan v. Commissioner, T.C. Memo. 1994-520. Petitioner cites Mollen v. United States, 72 AFTR2d 93- 6443), 93-2 USTC par. 50,585 (D. Ariz. 1993), in support of hisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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