Estate of Jack L. Bradley, Deceased, John S. Bradley, Successor Executor, C.T.A. - Page 27

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          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).                      




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