- 27 - decedent's tax lawyer.12 That advice was also consistent with the opinion of counsel set forth in the POM. We also note that, at the time decedent made his investment, as our subsequent discussion in respect of the addition to tax under section 6661 reveals, most of the pertinent decisions had not been handed down so that there was at best a shortage of authority setting forth legal principles governing the tax consequences arising from the at-risk provisions of section 465.13 We think the foregoing circumstances meet the standard established in United States v. Boyle, 469 U.S. 247, 251 (1985), where the Supreme Court stated: "When an accountant or attorney advises a taxpayer on a matter of tax law, such as whether a liability exists, it is reasonable for the taxpayer to rely on that advice." 12 Respondent objects to portions of Mr. Michaels' testimony on the grounds of inadmissible hearsay. In many respects, respondent's objections appear to be well taken. Accordingly, we have confined our findings to those elements of Mr. Michaels' testimony which clearly involve facts as to his views and actions, and not to what others said. Under these circumstances, we find it unnecessary to dissect Mr. Michaels' testimony and detail the portions in respect of which respondent's objection might be sustained. Respondent also objects to the testimony of Mr. Michaels that he thought decedent would be at risk as a legal conclusion. It is precisely that conclusion for which decedent consulted Mr. Michaels. It is the fact that it was rendered, and not its substantive correctness, that we find relevant here. 13 See discussion in Andrews v. Commissioner, T.C. Memo. 1985-380 (no negligence under sec. 6653(a) because the fact that a type of transaction was universally disapproved by courts not clear at the time taxpayers entered into transaction).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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