Joe E. Henry and Carolyn J.Henry - Page 19

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          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.                                                                     




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