David and Shirley Singer - Page 37

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          not engaged in a trade or business and sustained respondent's               
          imposition of the negligence additions to tax with respect to one           
          of the partners therein.6  The Court of Appeals for the Ninth               
          Circuit reversed 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, petitioners did not read the Plymouth offering                     
          memorandum, let alone the tax opinion appended thereto.                     
               Moreover, the Plymouth offering memorandum warned                      
          prospective investors that the accompanying tax opinion letter              
          was not in final form and was 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 Plymouth.  The tax opinion letter                     
          accompanying the Plymouth offering memorandum was 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                     

          6    Osterhout v. Commissioner, T.C. Memo. 1993-251, affd. in               
          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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