Kent J. and Ruth W. Dawson - Page 13

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          position that he reasonably relied on the advice of independent             
          parties.  Petitioner contends that the factors considered by the            
          Court in Mollen are generally applicable to the instant case.               
          The underlying transaction in Mollen is in all material respects            
          identical to the transactions at issue in this case and that of             
          Charlton v. Commissioner, T.C. Memo. 1990-402.  However, the                
          facts and circumstances surrounding the taxpayer in Mollen and              
          his investment in the limited partnership Diabetics CME Group,              
          Ltd. (Diabetics) are distinguishable from the instant case.                 
               The taxpayer in Mollen was a physician specializing in the             
          study of diabetes and a leader of a continuing medical education            
          (CME) accreditation program for a local hospital.  He served on a           
          committee in charge of evaluating CME programs and had a prior              
          association with Hahnemann.  Prior to investing in Diabetics, he            
          consulted with his personal accountant and a tax attorney.  The             
          taxpayer had no prior business experience.  Petitioner, on the              
          other hand, is a sophisticated attorney with business experience            
          and knowledge of investments, as evidenced by his interest in a             
          real estate partnership and rental properties.  Petitioner had no           
          expertise in medicine or therapeutic exercise.  His experience              
          with continuing legal education does not equate to a knowledge of           
          the nontax business activities of MSA.  Petitioner also relied on           
          the advice of an adviser to whom he had just been introduced by             
          an unknown promoter of tax shelters.  We find Mollen v. United              






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