Jeffrey I. and Roberta H. Stone - Page 35

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          not find petitioners' arguments with respect to the Rousseau case           
          applicable.                                                                 
               Under the circumstances of these cases, petitioners failed             
          to exercise due care in claiming large deductions and tax credits           
          with respect to the Partnerships on their respective Federal                
          income tax returns.  We hold that petitioners did not reasonably            
          rely upon Tomasetti, Frabotta, or Omohundro and the offering                
          memoranda, or in good faith investigate the underlying viability,           
          financial structure, and economics of the Partnership                       
          transactions herein.  It is clear from Tomasetti's testimony that           
          he was concerned with the inflated values placed on the                     
          recyclers, that he communicated his concerns to his clients, and            
          that all petitioners were made aware of his views with respect to           
          the Plastics Recycling deal.  We hold, upon consideration of the            
          entire records, that petitioners are liable for the negligence              
          additions to tax under the provisions of section 6653(a) for 1980           
          and section 6653(a)(1) and (2) for 1981.  Respondent is sustained           
          on this issue.                                                              
          Issue 2.  Section 6659 Valuation Overstatement                              
               Respondent determined that petitioners were each liable for            
          the section 6659 addition to tax on the portion of their                    
          respective underpayments attributable to valuation overstatement.           
          Petitioners have the burden of proving that respondent's                    
          determinations of these section 6659 additions to tax are                   






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