Robert D. and Patricia K. Kaliban, et al. - Page 51

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                  letter with your offering materials and we have                                     
                  consented to that with the understanding that the                                   
                  purpose in distributing it is to assist your offerees'                              
                  tax advisors in making their own analysis and not to                                
                  permit any prospective investor to rely upon our advice                             
                  in this matter.  [Emphasis added.]                                                  
            Accordingly, the tax opinion letters expressly indicated that                             
            prospective investors such as petitioners were not to rely upon                           
            the tax opinion letter.  See Collins v. Commissioner, 857 F.2d                            
            1383, 1386 (9th Cir. 1988), affg. Dister v. Commissioner, T.C.                            
            Memo. 1987-217.  The limited, technical opinion of tax counsel                            
            expressed in these letters was not designed as advice upon which                          
            taxpayers might rely, and the opinion of counsel itself so                                
            states.                                                                                   
                  Petitioners' reliance on the Durrett and Chamberlain cases                          
            is also misplaced.  In those cases, the Court of Appeals for the                          
            Fifth Circuit reversed this Court's imposition of the negligence                          
            additions to tax in two nonplastics recycling cases.  The                                 
            taxpayers in the Durrett and Chamberlain cases were among                                 
            thousands who invested in the First Western tax shelter program                           
            involving alleged straddle transactions of forward contracts.  In                         
            the Durrett and Chamberlain cases, the Court of Appeals for the                           
            Fifth Circuit concluded that the taxpayers reasonably relied upon                         
            professional advice concerning tax matters.  In other First                               
            Western cases, however, the Courts of Appeals have affirmed                               
            decisions of the Tax Court imposing negligence additions to tax.                          







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