Bevel M. and Patricia N. Hoffpauir - Page 11

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          Commissioner, 902 F.2d 380, 383 (5th Cir. 1990), revg. T.C. Memo.           
          1988-408 (taxpayers held not negligent because they were                    
          unsophisticated with limited prior investment experience and                
          had no formal education beyond high school).                                
               In Heasley v. Commissioner, supra at 381, the taxpayers                
          sought the advice of an accountant who independently reviewed the           
          prospectus and the accompanying tax and legal opinions and found            
          everything to be in order.  Because the taxpayers in Heasley                
          previously had not employed an accountant, they hired an                    
          accountant referred to them by the promoter of the tax shelter.             
          Id.  There is no indication, however, that the accountant was an            
          employee of the promoter or otherwise had any financial interest            
          in the tax shelter.  Id.                                                    
               Petitioners' situation is not like that in Heasley.                    
          Petitioners did not have a C.P.A. or other tax or business                  
          professional independently review their investment in Century.              
          They did not investigate Dollar or Century before investing.                
          Dollar was the promoter; he was not independent.  There is no               
          showing that he was a qualified tax professional.  They relied on           
          the advice of Dollar.  It was not reasonable or prudent to have             
          done so.  Advice of the promoters or their agents is not advice             
          of independent professionals.  Pasternak v. Commissioner, 990               
          F.2d at 903; Gilman v. Commissioner, T.C. Memo. 1990-205, affd.             
          933 F.2d 143 (2d Cir. 1991) (lessees of computer software lack              





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