Robert R. Gray, Jr. and Vickey L. Gray - Page 8

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          Booker reached his decisions independently when advising them.              
          We find that any reliance upon Booker's advice with respect to              
          Encore was not objectively reasonable.4                                     
               Contrary to petitioner's argument, this case is factually              
          distinguishable from Heasley v. Commissioner, supra, and we find            
          their efforts to analogize it to the Heasley case unpersuasive.             
          Like the instant case, the Heasley case involved, inter alia,               
          whether the taxpayers could be held liable for the negligence               
          penalty, as set forth in section 6653, after claiming various               
          deductions and an investment tax credit attributable to a failed            
          investment shelter.  After we found for the Government, the Court           
          of Appeals for the Fifth Circuit reversed our opinion in Heasley,           
          explaining that our standard of review was too stringent in light           
          of the facts.  Heasley v. Commissioner, 902 F.2d at 383.  The               
          Court of Appeals in Heasley explained that the taxpayers in that            
          case did not act negligently because they honestly misunderstood            
          the law and the facts, relied on a financial adviser and an                 
          accountant, and expended efforts to monitor their investment.               
          Id. at 384.  In so explaining, the Court of Appeals stated that             
          moderate-income investors need not independently investigate                
          their investments and that such investors may rely on the                   
          expertise of their financial advisers and accountants.  Id.  The            
          court further explained that unsophisticated investors need not             


               4See Brooke v. Commissioner, T.C. Memo. 1996-262.                      




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