- 29 - to give such advice.2 Petitioner, in contrast, purports to have relied upon the advice of an attorney and an accountant for the value of a purportedly technologically advanced plastics recycling machine and the economic viability of the Resource transaction. Yet neither of petitioner's purported advisers had any expertise in plastics materials or plastics recycling. Further, petitioner did not learn whether the attorney had researched or investigated Resource or received a commission for the sale of a partnership share to him, and petitioner knew that the accountant had not investigated or confirmed any of the representations in the offering memorandum. We consider petitioners' reliance on the Heasley, Sammons, Braddock, Ewing, and Hill cases misplaced. 4. Conclusion as to Negligence Under the circumstances of this case, petitioners failed to exercise due care in claiming a large loss deduction and tax 2 The taxpayers in Sammons v. Commissioner, 838 F.2d 330, 337 (9th Cir. 1988), affg. in part and revg. in part T.C. Memo. 1986- 318, relied upon a "reasonably debatable" valuation by one of five appraisers--two of whom were exceptionally qualified--for the value of certain charitable deduction property. In Braddock v. Commissioner, 95 T.C. 639 (1990), the taxpayers relied upon an adviser who claimed tax expertise with respect to a reporting issue that had never before been considered by any court, and the answer to which was not entirely clear from the relevant statutory language. The taxpayers in Ewing v. Commissioner, 91 T.C. 396 (1988), affd. without published opinion 940 F.2d 1534 (9th Cir. 1991), read and relied upon a tax opinion prepared by an attorney who at least two of the taxpayers had known and successfully dealt with for over 10 years. In Hill v. Commissioner, T.C. Memo. 1993-454, the taxpayer relied upon an independent evaluation by his long-time accountant and a financial broker recommended by the accountant.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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