Mark Friedman - Page 72

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          independent attorneys and accountants for advice as to whether              
          payments were properly deductible or capitalized.  The advice               
          relied upon by the taxpayer in Mauerman was within the scope of             
          the advisers' expertise, the interpretation of the tax laws as              
          applied to undisputed facts.  In these cases, particularly with             
          respect to valuation, petitioners relied upon advice that was               
          outside the scope of expertise and experience of their purported            
          advisers.  Consequently, petitioners' reliance on the Mauerman              
          case is rejected.                                                           
               We hold that petitioners did not have a reasonable basis for           
          the adjusted bases or valuations claimed on their tax returns               
          with respect to their investments in the Partnerships.  In these            
          cases, respondent could find that petitioners' respective                   
          reliance on the offering materials and their colleagues was                 
          unreasonable.  The records in these cases do not establish an               
          abuse of discretion on the part of respondent but support                   
          respondent's position.  We hold that respondent's refusal to                
          waive the section 6659 additions to tax in these cases is not an            
          abuse of discretion.  Petitioners are liable for the respective             
          section 6659 additions to tax at the rate of 30 percent of the              
          underpayments of tax attributable to the disallowed tax benefits.           
          Respondent is sustained on this issue.                                      









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