- 5 -5 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 aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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