David and Shirley Singer - Page 53

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          scope of the advisers' expertise, the interpretation of the tax             
          laws as applied to undisputed facts.  In the present case,                  
          however, particularly with respect to valuation, petitioner                 
          relied upon advice which was outside the scope of expertise and             
          experience of the purported adviser.  Bach had no education,                
          special qualifications, or professional skills or experience in             
          plastics engineering, plastics recycling, or plastics materials.            
          Consequently, we consider petitioners' reliance on the Mauerman             
          case inapplicable.                                                          
               We hold that petitioners did not have a reasonable basis for           
          the adjusted bases or valuations claimed on their 1981 tax return           
          with respect to their investment in Plymouth.  In this case,                
          respondent could find that petitioner's reliance on Bach was                
          unreasonable.  The record in this case does not establish an                
          abuse of discretion on the part of respondent but supports                  
          respondent's position.  We hold that respondent's refusal to                
          waive the section 6659 addition to tax in this case is not an               
          abuse of discretion.  Petitioners are liable for the section 6659           
          addition to tax at the rate of 30 percent of the underpayment of            
          tax attributable to the disallowed investment tax and business              
          energy credits.  Respondent is sustained on this issue.                     
          C. Petitioners' Motion for Leave To File Motion for Decision                
          Ordering Relief from the Negligence Penalty and the Penalty Rate            
          of Interest and To File Supporting Memorandum of Law                        
               Approximately 4 months after the trial of this case,                   
          petitioners filed a Motion For Leave to File Motion for Decision            




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