Philippe and Nadine Grelsamer - Page 56

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               Petitioners also rely on two recent decisions by the Court             
          of Appeals for the Fifth Circuit that reversed this Court's                 
          imposition of the negligence additions to tax in non-plastics               
          cases:  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.  The taxpayers in the Durrett            
          and Chamberlain cases were among thousands who invested in the              
          First Western tax shelter program involving alleged straddle                
          transactions of forward contracts.  In the Durrett and                      
          Chamberlain cases, the Court of Appeals for the Fifth Circuit               
          concluded that the taxpayers reasonably relied upon professional            
          advice concerning tax matters.                                              
               In other First Western cases, however, the Courts of Appeals           
          have affirmed decisions of the Tax Court imposing the negligence            
          additions to tax.  See Chakales v. Commissioner, T.C. Memo. 1994-           
          408 (reliance on long-term adviser, who was a tax attorney and              
          accountant, and who in turn relied on a promoter of the venture,            
          held unreasonable), affd. 79 F.3d 726 (8th Cir. 1996); Kozlowski            
          v. Commissioner, T.C. Memo. 1993-430 (reliance on adviser held              
          unreasonable absent a showing that the adviser understood the               
          transaction and was qualified to give an opinion whether it was             
          bona fide), affd. without published opinion 70 F.3d 1279 (9th               
          Cir. 1995); Freytag v. Commissioner, 89 T.C. 849 (1987) (reliance           






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