Bevel M. and Patricia N. Hoffpauir - Page 12

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          profit objective where the only appraisals relied upon by                   
          taxpayer-investors were made by a tax shelter promoter).                    
          Petitioners did not investigate Dollar’s professional                       
          qualifications.  Cf. Allen v. Commissioner, 925 F.2d 348, 354               
          (9th Cir. 1991), affg. 92 T.C. 1 (1989).                                    
               Petitioners used an independent tax preparation service to             
          prepare their returns before 1983.  In 1983, they relied on                 
          someone who had a financial interest in the shelter in which they           
          were investing to prepare their return.  Unlike the Heasleys,               
          petitioners obtained tax advice only from the shelter promoter.             
          See Klieger v. Commissioner, T.C. Memo. 1992-734 (taxpayers were            
          negligent because they relied unreasonably on advice of shelter             
          promoters).  To avoid the addition to tax for negligence on the             
          ground of reasonable reliance, petitioners must show that they              
          reasonably relied on the advice of a qualified and independent              
          tax professional, not the tax shelter promoter.  Id.; see Estate            
          of Strober v. Commissioner, T.C. Memo. 1992-350.                            
               Petitioners made no real effort to monitor their investment            
          or conduct any meaningful review of the computer software in                
          which they had bought an interest.  Heasley v. Commissioner,                
          supra (taxpayers who actively monitored their investment and made           
          inquiries of servicing agent were not negligent).  Petitioners'             
          receipt of a $60.48 distribution is not significant because it              
          is only 1-1/4 percent of petitioners' payment; they would have to           





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