- 13 - (1989); Rybak v. Commissioner, 91 T.C. 524, 565 (1988). Additionally, when an investment has such obviously suspect tax claims as to put a reasonable taxpayer under a duty of inquiry, a good faith investigation of the underlying viability, financial structure, and economics of the investment is required. LaVerne v. Commissioner, supra at 652-653; Horn v. Commissioner, 90 T.C. 908, 942 (1988). In the instant case, petitioner claims that he relied on several professional advisers with respect to his investment in Southampton. Petitioner learned about the Southampton investment program from Cunningham, a financial adviser who encouraged petitioner to invest in a master recording lease. Petitioner was aware, however, that Cunningham received a commission if petitioner decided to invest in Southampton and that Cunningham was serving as a salesman rather than an independent adviser acting solely on petitioner's behalf. Petitioner also argues that he relied on statements made by Parnell, an enrolled agent who had reviewed the Southampton promotional booklet. There is no evidence in the record that Parnell relied on anything other than the materials furnished by Southampton or that either Parnell or Cunningham had otherwise investigated the bona fides of the master recording investment. Similarly, there has been no showing that the accountants who prepared petitioner's 1982 and 1983 tax returns evaluated thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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