- 35 - 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 arePage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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