William and Joan Spears - Page 69

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          as to the value and purported uniqueness of the machines.  The              
          offering memoranda for the Partnerships warned that the value               
          placed on the recyclers would probably be challenged by the IRS             
          as being in excess of fair market value.  Nonetheless, Becker               
          never hired or consulted any plastics engineering or technical              
          experts with respect to the Plastics Recycling transactions.                
          Becker did speak to his client Canno, who apparently had some               
          knowledge of the plastics industry, but the substance of Canno's            
          purported comments is doubtful and he had only minimal                      
          information about the transaction.  Petitioners' reliance on                
          Becker and the offering materials was not reasonable.                       
               In support of their contention that they acted reasonably,             
          petitioners cite Mauerman v. Commissioner, 22 F.3d 1001 (10th               
          Cir. 1994), revg. T.C. Memo. 1993-23.  However, the facts in the            
          Mauerman case are distinctly different from the facts of these              
          cases.  In Mauerman, the Tenth Circuit Court of Appeals held that           
          the Commissioner had abused her discretion for not waiving a                
          section 6661 addition to tax.  Like section 6659, a section 6661            
          addition to tax may be waived by the Commissioner if the taxpayer           
          demonstrates that there was reasonable cause for his underpayment           
          and that he acted in good faith.  Sec. 6661(c).  The taxpayer in            
          Mauerman relied upon independent attorneys and accountants for              
          advice as to whether payments were properly deductible or                   
          capitalized.  The advice relied upon by the taxpayer in Mauerman            






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