Stuart A. and Harriet J. Gollin, et al. - Page 61

                                       - 61 -- 61 -                                        
          solely upon his preliminary, ill-founded valuation estimates.               
          Carmagnola has not been called to testify in any of the Plastics            
          Recycling cases before us.  The Carmagnola reports were a part of           
          the record considered by this Court and reviewed by the Sixth               
          Circuit Court of Appeals in the Provizer case, where we held the            
          taxpayers negligent.  Consistent therewith, we find in these                
          cases, as we have found previously, that the reports prepared by            
          Carmagnola are unreliable and of no consequence.  Petitioners               
          Gollin and Fishbach are not relieved of the negligence additions            
          to tax based on the preliminary reports prepared by Carmagnola.             
               Petitioners cite a number of cases in support of their                 
          positions, but primarily rely on Durrett v. Commissioner, 71 F.3d           
          515 (5th Cir. 1996), affg. in part and revg. in part T.C. Memo.             
          1994-179; Chamberlain v. Commissioner, 66 F.3d 729 (5th Cir.                
          1995), affg. in part and revg. in part T.C. Memo. 1994-228;                 
          Climenhage v. Commissioner, T.C. Memo. 1993-223; Reile v.                   
          Commissioner, T.C. Memo. 1992-488; Davis v. Commissioner, T.C.              
          Memo. 1989-607; Chellappan v. Commissioner, T.C. Memo. 1988-208;            
          Mollen v. United States, 72 AFTR 2d 93-6443, 93-2 USTC par.                 
          50,585 (D. Ariz. 1993).                                                     
               This Court declined to sustain the negligence additions to             
          tax in the Reile and Davis cases for reasons inapposite to the              
          facts herein.  In the Davis case, the taxpayers reasonably relied           
          upon a "trusted and long-term adviser" who was independent of the           






Page:  Previous  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  Next

Last modified: May 25, 2011