9 the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). Petitioners bear the burden of proving that no part of the underpayment for the year in issue was due to negligence or intentional disregard of rules or regulations. Rule 142(a); Bixby v. Commissioner, 58 T.C. 757 (1972). Petitioners contend that they exercised due care with respect to their investment in the Barrister partnerships because they reasonably relied upon the information contained in the offering materials. Petitioners also contend that they were not negligent because they reasonably expected that the partnerships might be profitable. Petitioners do not assert that they relied on any representations as to the tax treatment of the items passed through to them by the partnerships; rather their argument seems to be that if they were not imprudent in investing in the partnerships, then they were not negligent in claiming the deductions and investment tax credit basis flowing therefrom. Assuming arguendo that we agreed with this conclusion, petitioners have not established that they acted reasonably with respect to their investments in Series 98 and Series 124. Petitioner testified that he completed a substantial evaluation of the potential profitability of the Barrister partnerships. Petitioner, however, relied solely on the information contained in the offering materials, particularly the cash-flow analyses. Reliance on representations by insiders,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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