David and Shirley Singer - Page 24

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          undertook significant investigation of the proposed investment              
          including researching EOR technology.  The other taxpayer was a             
          geological and mining engineer whose work included research of              
          oil recovery methods and who hired an independent geologic                  
          engineer to review the offering materials.  Id. at 166.  In the             
          present case, petitioners are not experienced or educated in                
          plastics recycling, and they did not independently investigate              
          the Sentinel EPE recyclers or hire an expert in plastics to                 
          evaluate the Partnership transactions.  We consider petitioners'            
          arguments with respect to the Krause case inapplicable.                     
               2.  Petitioner's Purported Reliance on an Adviser                      
               Petitioner contends that he reasonably relied upon Bach as a           
          qualified adviser on this matter.                                           
               A taxpayer may avoid liability for the additions to tax                
          under section 6653(a)(1) and (2) if he or she reasonably relied             
          on competent professional advice.  United States v. Boyle, 469              
          U.S. 241, 250-251 (1985); Freytag v. Commissioner, 89 T.C. 849,             
          888 (1987), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S.             
          868 (1991).  Reliance on professional advice, standing alone, is            
          not an absolute defense to negligence, but rather a factor to be            
          considered.  Freytag v. Commissioner, supra.  For reliance on               
          professional advice to excuse a taxpayer from the negligence                
          additions to tax, the taxpayer must show that such professional             
          had the expertise and knowledge of the pertinent facts to provide           
          informed advice on the subject matter.  David v. Commissioner, 43           




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