Estate of Jack L. Bradley, Deceased, John S. Bradley, Successor Executor, C.T.A. - Page 26

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          of deficiency is insufficient to support petitioner's position.             
          Thus, petitioner's arguments that respondent never raised the               
          section 6621(c) issue are without merit.11                                  
               Since we have concluded that the loss deductions in issue              
          are disallowed under section 465(a), it follows that the                    
          activities were tax-motivated transactions under section                    
          6621(c)(3).  We therefore sustain respondent on this issue.                 
               Section 6653(a) (Negligence)                                           
               Respondent has determined an addition to tax under section             
          6653(a) for negligence.  Petitioner claims it should not be                 
          liable for the addition because decedent reasonably relied on the           
          advice of his accountant, Mr. Michaels, in making the investment.           
               We see no need to explore the details of how decedent sought           
          and obtained professional advice in respect of the tax                      
          consequences attaching to his investment in the partnership.  We            
          are satisfied that he recognized the necessity of seeking such              
          advice, that he sought it from his accountant, Mr. Michaels, who            
          had sufficient experience to render such advice, and with whom              
          decedent discussed the tax implications.  He received that advice           
          from Mr. Michaels, advice based upon reasonable investigation and           
          analysis of all relevant information, including consultation with           


               11  In this context, we consider and reject petitioner's               
          argument based on Fowler v. Commissioner, 6 B.T.A. 250 (1927).              
          That case involved the attempt by respondent to supplement the              
          Answer with a letter predating the notice of deficiency, not a              
          letter attached to the notice.                                              




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