Melvin J. Laney and Carolyn A. Laney - Page 51

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            Federal tax rolls as to both the regular income tax and, they                             
            contended, the self-employment taxes.  See supra table 2.                                 
            Clearly, the ordinarily prudent taxpayer would consult with a                             
            qualified tax adviser before claiming a deduction of such                                 
            relative size and consequence.                                                            
                  Petitioners claim that they did just that--they consulted                           
            with Henry and they acted on Henry’s advice.  However,                                    
            petitioners did not tell us exactly what Henry’s advice was, nor                          
            did they provide us with information from which we could conclude                         
            that it was reasonable for them to rely on Henry’s advice.                                
            Finally, as discussed supra (I. Settlement A. With Justice                                
            Department), petitioners promised that we would have Henry’s                              
            testimony, but then did not call Henry.  As discussed supra in                            
            Part I.A., we are entitled to, and we do, infer that if Henry had                         
            testified, then his testimony would have been unfavorable to                              
            petitioners on this issue.  O’Dwyer v. Commissioner, 266 F.2d at                          
            584; Stoumen v. Commissioner, 208 F.2d at 907; Wichita Terminal                           
            Elevator Co. v. Commissioner, 6 T.C. at 1165.                                             
                  Also apart from the effect of the Wichita Terminal doctrine,                        
            when taxpayers rely on the claim that they are not negligent                              
            because they merely followed competent professional advice, it is                         
            particularly important that they present their adviser, that they                         
            show with some precision what their adviser advised them to do,                           







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