Peter and Ursula Reimann, et al. - Page 34

                                       - 34 -                                         
          of Appeals in the Provizer case, where we held the taxpayers                
          negligent.  Consistent therewith, we find in these cases, as we             
          have found previously, that the reports prepared by Carmagnola              
          are unreliable and of no consequence.  Petitioners are not                  
          relieved of the negligence additions to tax based on the                    
          preliminary reports prepared by Carmagnola.                                 
               Petitioners' reliance on Mollen v. United States, 72 AFTR2d            
          93-6443, 93-2 USTC par. 50,585 (D. Ariz. 1993) is misplaced.  The           
          taxpayer in Mollen was a medical doctor who specialized in                  
          diabetes and who, on behalf of the Arizona Medical Association,             
          led a continuing medical education ("CME") accreditation program            
          for local hospitals.  The underlying tax matter involved the                
          taxpayer's investment in Diabetics CME Group, Ltd., a limited               
          partnership which invested in the production, marketing, and                
          distribution of medical educational video tapes.  The taxpayer's            
          personal expertise and insight in the underlying investment gave            
          him reason to believe it would be economically profitable.                  
          Although the taxpayer was not experienced in business or tax                
          matters, he did consult with an accountant and a tax lawyer                 
          regarding those matters.  Moreover, as the District Court noted,            
          the propriety of the taxpayer's disallowed deduction therein was            
          "reasonably debatable."                                                     
               The records in these cases, on the other hand, show that               
          neither petitioners nor their advisers, Bachmann and Greene, had            
          any formal education, expertise, or experience in plastics or               
          plastics recycling.  None of them had any personal insight or               



Page:  Previous  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  Next

Last modified: May 25, 2011