Leon M. and Mary K. Jaroff - Page 54

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          published opinion 94 F.3d 651 (9th Cir. 1996); Chakales v.                  
          Commissioner, T.C. Memo. 1994-408 (reliance on a 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 an 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 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).  Here we have found that neither Tucker nor              
          Becker, the advisers consulted by petitioner, possessed                     
          sufficient knowledge of the plastics recycling business to render           
          a competent opinion.  This circumstance has been deemed relevant            
          by the Court of Appeals for the Second Circuit, the court to                
          which appeal in these cases lies.  See David v. Commissioner, 43            
          F.3d at 789-790 (taxpayers' reliance on expert advice not                   
          reasonable where expert lacks knowledge of business in which                
          taxpayers invested); Goldman v. Commissioner, 39 F.3d at 408                
          (same).  Accordingly, we shall not relieve petitioners of the               
          negligence additions to tax based upon the Court of Appeals'                








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