- 20 -                                         
          to negligence but rather a factor to be taken into consideration.           
          In order for reliance on professional advice to excuse a taxpayer           
          from the additions to tax for negligence, the taxpayer must show            
          that the professional had the expertise and knowledge of the                
          pertinent facts to provide valuable and dependable advice on the            
          matter at hand.  Goldman v. Commissioner, 39 F.3d 402, 408 (2d              
          Cir. 1994), affg. T.C. Memo. 1993-480; Freytag v. Commissioner,             
          supra; Kozlowski v. Commissioner, T.C. Memo. 1993-430, affd.                
          without published opinion 70 F.3d 1279 (9th Cir. 1995).                     
               There were three taxpayers before this Court in Cramer v.              
          Commissioner, 101 T.C. 225 (1993).  Two of the taxpayers claimed            
          millions of dollars’ worth of basis for their options, and the              
          third reported his sale of the options as a straightforward sale            
          of stock.  We found in Cramer that the options, when granted, did           
          not possess a readily ascertainable fair market value.  The                 
          taxpayers in Cramer filed section 83(b) elections while knowing             
          that the options did not have fair market values of zero.                   
          Finally, they knew at the time they filed their 1982 Federal                
          income tax returns that their position was subject to being                 
          challenged.  Consequently, we held that the taxpayers in Cramer             
          were subject to the additions to tax for negligence in part                 
          because they signed 1982 returns that they knew, at the time,               
          contained material misrepresentations.  The Court of Appeals for            
          the Ninth Circuit affirmed the imposition of the negligence                 
          addition.  64 F.3d at 1414-1415.                                            
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