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However, the tax opinion that Mr. Santella purportedly relied
upon is not in the record for our consideration. No testimony
was offered by petitioners from any individual, including Mr.
Santella's son, the successor to the Chimblo accounts, to
establish Mr. Santella's competence to render advice with respect
to the tax consequences of petitioners' investments.
We conclude that petitioners were negligent because their
reliance on Mr. Santella was not reasonable under the
circumstances. They did not prove that he was competent to
render advice concerning the business merits or tax consequences
of the investments, or that he reasonably relied upon competent
professional advice in rendering his own advice. Accordingly, we
hold that petitioners are liable for the section 6653(a)
additions to tax as determined by respondent except for the
6653(a)(2) additions to tax for 1980 discussed supra.
The third issue for decision is whether petitioners are
liable for the section 6661 additions to tax for substantial
understatements of income tax for 1983 and 1984. For purposes of
this issue, all references to petitioners hereinafter are to
Catherine Chimblo and the estate of Gus Chimblo.
Section 6661(a) provides for an addition to tax if there is
a substantial understatement of income tax for the taxable year.
In the case of additions to tax assessed after October 21, 1986,
the amount of the addition to tax is equal to 25 percent of the
amount of any underpayment attributable to such understatement.
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