Mark Friedman - Page 57

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          David v. Commissioner, 43 F.3d at 789-790 (taxpayers' reliance on           
          expert advice not reasonable where expert lacks knowledge of                
          business in which taxpayers invested); Goldman v. Commissioner,             
          39 F.3d at 408 (same).  Accordingly, petitioners shall not be               
          relieved of the negligence additions to tax based upon the                  
          decisions in the Durrett and Chamberlain cases by the Court of              
          Appeals for the Fifth Circuit.15                                            
               5.  Conclusion as to Negligence                                        
               Under the circumstances of these consolidated cases,                   
          petitioners failed to exercise due care in claiming large                   
          deductions and tax credits with respect to the Partnerships on              
          their Federal income tax returns.  We hold that petitioners did             
          not reasonably rely upon the offering memoranda and their                   
          colleagues at Shea & Gould.  Friedman knew that the tax benefits            
          were contingent upon the purported value of the Sentinel EPE                
          recycler, and certainly Alter understood this circumstance or               
          learned as much from Feinstein.  Yet, neither petitioners nor               
          their purported advisers in good faith investigated the fair                


          15   Other cases cited by petitioners are inapplicable and                  
          distinguishable for the following general, nonexclusive reasons:            
          (1) They involve far less sophisticated, if not unsophisticated,            
          taxpayers; (2) the reasonableness of the respective taxpayers'              
          reliance on expert advice was established in those cases on                 
          grounds that do not exist here; and (3) the advice given was                
          within the adviser's area of expertise.                                     







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