- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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