Robert P. Neumann and Sally A. Neumann - Page 5

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          to negligence, but rather a factor to be considered.  Freytag v.            
          Commissioner, supra at 888.  A taxpayer's reliance on                       
          professional advice is an acceptable excuse from the negligence             
          additions to tax where such reliance was reasonable.  United                
          States v. Boyle, supra.  Reliance on professional advice must be            
          objectively reasonable.  Goldman v. Commissioner, 39 F.3d 402,              
          408 (2d Cir. 1994), affg. T.C. Memo. 1993-480.                              
               Reliance on representations by insiders, promoters, or                 
          offering materials generally is not an adequate defense to                  
          negligence.  Gollin v. Commissioner, T.C. Memo. 1996-454.  A                
          taxpayer must be able to show that the adviser reached his or her           
          decision independently.  Leonhart v. Commissioner, 414 F.2d 749             
          (4th Cir. 1969), affg. per curiam T.C. Memo. 1968-98.  A taxpayer           
          ordinarily may not reasonably rely on someone with an inherent              
          conflict of interest.  Goldman v. Commissioner, supra.                      
               Petitioners contend they are not liable for negligence                 
          additions to tax because they acted in a reasonable manner and              
          exercised ordinary business care and prudence with respect to               
          their participation in the Alamo partnerships.  Further,                    
          petitioners argue they reasonably relied upon the independent               
          advice of their attorney Jeffrey Hansen (Hansen) and their                  
          accountant George Minger (Minger).                                          
               Based upon our review of the record, we find that                      
          petitioners failed to prove that their actions were that of a               





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