Lawrence R. Roberson - Page 11

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          791-792 (1972).  The addition to tax for negligence under                   
          section 6653 may be correctly assessed in cases where claimed               
          deductions are not supported by the facts.  Sandvall v.                     
          Commissioner, 898 F.2d 455, 459 (5th Cir. 1990), affg. T.C.                 
          Memo. 1989-56 and T.C. Memo. 1989-189; Marcello v. Commissioner,            
          380 F.2d 499 (5th Cir. 1967), affg. in part and remanding in                
          part 43 T.C. 168 (1964).                                                    
               Petitioner maintains that he acted reasonably and with due             
          care in claiming deductions and credits with respect to his                 
          investment in Southampton.  In support thereof, petitioner                  
          argues that:  (1) He relied on promotional materials and                    
          appraisals furnished by Southampton; (2) he relied on his                   
          investment adviser and an enrolled agent who reviewed the                   
          promotional materials; (3) he conducted his own investigation of            
          the music industry; (4) he monitored his investment through                 
          correspondence with Indigo and Southampton; (5) he relied on                
          accountants who prepared his 1982 and 1983 tax returns; and (6)             
          he believed other investors had been successfully represented by            
          an attorney regarding the propriety of the tax treatment of                 
          their Southampton investments.                                              
               Under some circumstances, a taxpayer may avoid liability               
          for the additions to tax under section 6653(a) if reasonable                
          reliance on a competent professional adviser is shown.  Freytag             
          v. Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011               





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