- 140 - At the time of trial, Kim testified as an officer of petitioners. His testimony concerning what he, Forsyth, and others knew in 1986 and what he knew when he signed returns as a corporate officer was evasive, ambiguous, and inconsistent. In these cases, the volume of backdated documents in evidence was substantial and included: 1983 contracts, 1986 licensing agreements, contracts for the sale of the TM intangibles, and the promissory notes in the section 351 transactions. In addition to the versions of the documents that petitioners claim are authentic, there are numerous versions of many of the documents that contained varying price terms, party names, interest rates, and maturity dates. Respondent failed to prove by clear and convincing evidence that petitioners' claimed reliance on C&L was fictitious. However, for reliance to be a defense to negligence, petitioners must prove that the reliance was reasonable. Freytag v. Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S. 868 (1991). Petitioners cannot claim reliance on their advisers' advice if they failed to follow it. C&L advised that it was better not to have related parties in the commercial paper transactions and as guarantors. Forsyth testified that he had specifically discussed the use of related parties with Onate and that Forsyth's preference "was that the majority of the investors bePage: Previous 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 Next
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