Stuart A. and Harriet J. Gollin, et al. - Page 39

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          which depended upon a purportedly technologically unique machine.           
          Becker, who is experienced in tax matters, explains that he made            
          an investigation within the limits of his resources and abilities           
          and fully disclosed what he had done.  The question here is                 
          whether petitioners actually and reasonably relied on the                   
          accountant with respect to valuation problems requiring expertise           
          in engineering and plastics technology, or whether the accountant           
          gave the tax advice, facilitated the transaction, but did not               
          make a full and independent investigation of the relevant                   
          business and technology, and did clearly inform his clients of              
          the limits of his knowledge and investigation of the transaction.           
          For reasons set forth below, we believe the latter statement more           
          accurately describes what happened here.                                    
                    a.  The Circumstances Under Which a Taxpayer                      
                    May Avoid Liability Under Section 6653(a)(1)                      
                    and (2) Because of Reasonable Reliance on                         
                    Competent and Fully Informed Professional                         
                    Advice                                                            
               A taxpayer may avoid liability for the additions to tax                
          under section 6653(a)(1) and (2), and the former section 6653(a),           
          if he or she reasonably relied on competent professional advice.            
          United States v. Boyle, 469 U.S. 241, 250-251 (1985); Freytag v.            
          Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011 (5th             
          Cir. 1990), affd. 501 U.S. 868 (1991).  Reliance on professional            
          advice, standing alone, is not an absolute defense to negligence,           
          but rather a factor to be considered.  Freytag v. Commissioner,             
          supra.  For reliance on professional advice to excuse a taxpayer            




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