- 30 - Osterhout v. Commissioner, T.C. Memo. 1993-251, affd. in part and revd. in part without published opinion sub nom. Balboa Energy Fund 1981 v. Commissioner, F.3d (9th Cir. 1996). In Osterhout, we found that certain oil and gas partnerships were not engaged in a trade or business and sustained respondent's imposition of the negligence additions to tax with respect to one of the partners therein.14 The taxpayer had relied in part upon a tax opinion contained in the offering materials. The Ninth Circuit Court of Appeals reversed our imposition of the negligence additions to tax. Based on the Court of Appeals for the Ninth Circuit's partial reversal of our decision in Balboa Energy Fund 1981, petitioners argue that their reliance upon the offering materials concerning their investments in Northeast and Hyannis was reasonable and therefore sufficient to overcome the additions to tax for negligence. The Court of Appeals for the Ninth Circuit's opinion is unpublished, however. Moreover, the prefaces to the offering memoranda for Northeast and Hyannis warned prospective investors that the tax opinion letter was not in final form, and was prepared for the general partner, and that prospective investors should consult their own professional advisers with respect to the tax benefits and tax risks 14 Osterhout v. Commissioner, T.C. Memo. 1993-251, involved a group of consolidated cases. The parties therein agreed to be bound by the Court's opinion regarding the application of the additions to tax provided for under sec. 6653(a), inter alia. Accordingly, although the Court's analysis focused on one taxpayer, the additions to tax were sustained with respect to all of the parties.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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