Philippe and Nadine Grelsamer - Page 57

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          on tax advice given by attorneys and C.P.A.'s held unreasonable             
          absent a showing that the taxpayers consulted any experts                   
          regarding the bona fides of the transactions), affd. 904 F.2d               
          1011 (5th Cir. 1990), affd. 501 U.S. 868 (1991).  Here we have              
          found that none of the advisers consulted by petitioners                    
          possessed sufficient knowledge of the plastics recycling business           
          to render a competent opinion.  See David v. Commissioner, 43               
          F.3d 788, 789-790 (2d Cir. 1995) (taxpayers' reliance on expert             
          advice not reasonable where expert lacks knowledge of business in           
          which taxpayers invested); Goldman v. Commissioner, 39 F.3d 402,            
          408 (2d Cir. 1994) (same).  Accordingly, petitioners will not be            
          relieved of the negligence additions to tax based upon the                  
          decisions in the Durrett and Chamberlain cases by the Court of              
          Appeals for the Fifth Circuit.4                                             
               5.  Conclusion as to Negligence                                        
               Under the circumstances of these cases, petitioners failed             
          to exercise due care in claiming large deductions and tax credits           
          with respect to the Partnerships on their Federal income tax                
          returns.  Petitioners did not reasonably rely upon the offering             
          memoranda, Becker, Green, or their tax return preparers, or in              


          4    Other cases cited by petitioners are inapplicable and                  
          distinguishable for the following general, nonexclusive reasons:            
          (1) They involve far less sophisticated, if not unsophisticated,            
          taxpayers; (2) the reasonableness of the respective taxpayers'              
          reliance on expert advice was established in those cases on                 
          grounds that do not exist here; and (3) the advice given was                
          within the adviser's area of expertise.                                     




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