Jeffrey I. and Roberta H. Stone - Page 30

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          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          Ninth Circuit's opinion is unpublished, however.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.                                                             



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