- 19 - risks and the warnings placed on the front page of the offering memorandum would have alerted a prudent and reasonable investor to the questionable nature of the promised deductions and credits. See Collins v. Commissioner, 857 F.2d 1383, 1386 (9th Cir. 1988), affg. T.C. Memo. 1987-217. Petitioners' contention that they reasonably relied upon Storey's advice is further undermined by petitioner's background in manufacturing. In view of petitioner's success in various manufacturing businesses, we find it difficult to accept the proposition that he did not know or have reason to know that the value of the Sentinel machine was grossly overstated. In addition, petitioners contend that the investment was reasonable because they expected to make a profit. We find that petitioners' profit motive is not dispositive of the issue here in dispute. Whether or not petitioners intended to profit from their investment in Sunbelt, they failed to exercise due care in claiming tax benefits from that investment. Their subjective intent does not excuse them from the consequences of claiming deductions and credits to which under the circumstances they were clearly not entitled. See Klieger v. Commissioner, T.C. Memo. 1992-734. We have considered and find unpersuasive petitioners' arguments comparing this case with other cases that were resolved in the taxpayers' favor with respect to the negligence addition to tax.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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