- 22 - the retail and manufacturing sides of the furniture industry with whom he could discuss his new venture. Petitioner was well aware of what was required for a businesslike approach in order to make an informed investment. Any investment advice that Corman provided to petitioner about Mid Continent was based solely on Corman's reading of the prospectus and his experience in other than oil and gas ventures. But to accurately report the Mid Continent deductions and credits for 1983 and 1984 required verifying facts outside and independent of the documents presented to Corman. Petitioners have not shown that it was Corman's responsibility to verify those facts. See David v. Commissioner, 43 F.3d 788, 789 (2d Cir. 1995), affg. T.C. Memo. 1993-621; Daugherty v. Commissioner, 78 T.C. 623, 641 (1982). Petitioners cannot avoid the negligence additions to tax "merely because a tax adviser has read the prospectus and advised that it is feasible from a tax perspective, assuming the facts presented are true." Rogers v. Commissioner, T.C. Memo. 1990-619; accord Novinger v. Commissioner, T.C. Memo. 1991-289. Petitioner argues that there was nothing about the investment that put him on notice that "second-guessing" his accountant's advice was necessary. The tax losses generated by the investment were not "too good to be true", he argues. But for $10,000 petitioner, a high tax bracket taxpayer, purchasedPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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