- 55 - 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.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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