- 28 -
solely upon his preliminary ill-founded valuation estimates
(Carmagnola has not been called to testify in any of the Plastics
Recycling cases before us). The Carmagnola reports were a part
of the record considered by this Court and reviewed by the Court
of Appeals for the Sixth Circuit in the Provizer case, where we
held the taxpayers negligent. Consistent therewith, we find in
this case, as we have found previously, that the reports prepared
by Carmagnola are unreliable and of no consequence.
Petitioners cite the following cases in support of their
position: Heasley v. Commissioner, 902 F.2d 380 (5th Cir. 1990),
revg. T.C. Memo. 1988-408; Sammons v. Commissioner, 838 F.2d 330
(9th Cir. 1988), affg. in part and revg. in part T.C. Memo. 1986-
318; Braddock v. Commissioner, 95 T.C. 639 (1990); Ewing v.
Commissioner, 91 T.C. 396 (1988), affd. without published opinion
940 F.2d 1534 (9th Cir. 1991); and Hill v. Commissioner, T.C.
Memo. 1993-454.
However, the negligence additions to tax were dismissed in
those cases for reasons inapposite to the facts of petitioners'
case. Unlike petitioners, the taxpayers in the Heasley case were
of moderate education (neither had graduated from high school)
and of moderate income, and they actively monitored their
investment. In the Sammons, Braddock, Ewing, and Hill cases, the
taxpayers relied upon tax and/or investment advice from advisers
they knew were qualified, or reasonably believed were qualified,
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