- 34 - Petitioner contends that he was not negligent because (1) he reasonably relied upon the advice of independent advisers and (2) he reasonably expected to make a profit from his purchase of the Sentinel EPE and EPS recyclers. Respondent, on the other hand, contends that petitioner's reliance on Ulanoff, Burstein, WMDI, and Boylan & Evans was not reasonable, and that it was not reasonable for petitioner to expect to profit from his purchase of the Sentinel recyclers. Under some circumstances, a taxpayer may avoid liability for negligence if reasonable reliance on a competent professional adviser is shown. United States v. Boyle, 469 U.S. 241, 250-251 (1985); Freytag v. Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011 (5th Cir. 1990), affd 501 U.S. 868 (1991). Reliance on professional advice, standing alone, is not an absolute defense to negligence, but rather a factor to be considered. Freytag v. Commissioner, supra. For reliance on professional advice to excuse a taxpayer from negligence, the taxpayer must show that the professional had the requisite expertise, as well as knowledge of the pertinent facts, to provide informed advice on the subject matter. David v. Commissioner, 43 F.3d 788, 789-790 (2d Cir. 1995), affg. T.C. Memo. 1993-621; Goldman v. Commissioner, 39 F.3d 402 (2d Cir. 1994), affg. T.C. Memo. 1993-480; Freytag v. Commissioner, supra. Reliance on representations by insiders or promoters has been held an inadequate defense to negligence. Goldman v.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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