Robert D. and Patricia K. Kaliban, et al. - Page 50

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            our imposition of the negligence additions to tax.  Petitioners                           
            point out that the taxpayer in that case relied in part upon a                            
            tax opinion contained in the offering materials.  However, none                           
            of petitioners in the cases before us read the Poly Reclamation                           
            or Clearwater offering memoranda, let alone the tax opinions                              
            appended thereto.                                                                         
                  Moreover, the offering memoranda for the Partnerships herein                        
            warned prospective investors that the accompanying tax opinion                            
            letters were not in final form, and were prepared for the general                         
            partner, and that prospective investors should consult their own                          
            professional advisers with respect to the tax benefits and tax                            
            risks associated with the Partnerships.  The tax opinion letters                          
            accompanying the Clearwater and Poly Reclamation offering                                 
            memoranda were addressed solely to the general partner and began                          
            with the following opening disclaimer:                                                    
                  This opinion is provided to you for your individual                                 
                  guidance.  We expect that prospective investors will                                
                  rely upon their own professional advisors with respect                              
                  to all tax issues arising in connection with their                                  
                  investment in the Partnership and the operations                                    
                  thereof.  We recognize that you intend to include this                              

            17(...continued)                                                                          
            part and revd. in part without published opinion sub nom. Balboa                          
            Energy Fund 1981 v. Commissioner, 85 F.3d 634 (9th Cir. 1996),                            
            involved a group of consolidated cases.  The parties therein                              
            agreed to be bound by the Court's opinion regarding the                                   
            application of the additions to tax under sec. 6653(a), inter                             
            alia.  Accordingly, although the Court's analysis focused on one                          
            taxpayer, the additions to tax were sustained with respect to all                         
            of the taxpayers.                                                                         





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