Lawrence R. Roberson - Page 16

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          negligent where tax savings were almost double the amount of                
          their cash outlay).  Petitioner's alleged investigation of the              
          music industry was superficial at best and does not represent a             
          due diligence inquiry into the specifics of the Southampton                 
          investment.  In addition, petitioner's limited correspondence               
          with Indigo and Southampton does not demonstrate a concern for              
          the economic viability of the master recording investment.                  
          There is no evidence that petitioner investigated the bona fides            
          of the Southampton program or that he was concerned with                    
          anything other than the tax benefits involved.  If petitioner               
          had conducted his own good faith investigation, he would have               
          discerned strong reasons to conclude that the Southampton                   
          investment program was not bona fide and was designed primarily             
          for tax-avoidance purposes.                                                 
               Finally, petitioner's reliance on Heasley v. Commissioner,             
          902 F.2d 380 (5th Cir. 1990), revg. T.C. Memo. 1988-408, as                 
          authority for his position that his actions were reasonable is              
          misplaced.  The taxpayers in Heasley were uneducated and had                
          extremely limited investment experience.  Moreover, the U.S.                
          Court of Appeals for the Fifth Circuit indicated that the                   
          taxpayers in Heasley both intended to earn an economic profit on            
          the investment in issue and actively monitored that investment.             
          We cannot reach similar conclusions in the present case.                    
          Petitioner herein was highly educated, had worked in the area of            





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