Leon M. and Mary K. Jaroff - Page 55

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          decisions in the Durrett and Chamberlain cases.12                           
               5.  Conclusion as to Negligence                                        
               Under the circumstances of these consolidated 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.  We hold that petitioner did              
          not reasonably rely upon the offering memoranda, Tucker and                 
          Becker, or in good faith investigate the underlying viability,              
          financial structure, and economics of the Partnership                       
          transactions.  We are unconvinced by the claim of petitioner, an            
          experienced business and science journalist and editor with a               
          leading national investigative news magazine, that he reasonably            
          failed to inquire about his investments and simply relied on the            
          offering circulars and Becker Co., despite warnings in the                  
          offering circulars and explanations by Tucker and Becker about              
          the limitations of Becker's investigation.  Petitioner knew or              
          should have known better.  We hold, upon consideration of the               
          entire record, that petitioners are liable for the negligence               
          additions to tax under section 6653(a)(1) and (2) for the taxable           
          years at issue.  Respondent is sustained on this issue.                     


          12   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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