- 53 - redemption of his MSSTA stock; and the Scotts would pay AST only a nominal cash amount to acquire a 21-percent stock interest in that company. As for petitioners' contention regarding Mr. Scott's and MSSTA's reliance on the advice of Mr. Bosworth, we have found that Mr. Bosworth did not hold himself out to be an expert in tax matters. In fact, Mr. Bosworth agreed to represent MSSTA and Mr. Scott in the MSSTA transaction only after Mr. Scott informed him that Mr. Scott had retained Mr. Hrynik, a C.P.A., to advise on tax matters. On the instant record, we reject petitioners' con- tention regarding Mr. Scott's and MSSTA's reliance on Mr. Bosworth for tax advice regarding the MSSTA transaction. As for petitioners' assertion regarding Mr. Scott's and MSSTA's reliance on Mr. Hrynik for tax advice with respect to the MSSTA transaction, we note initially that we found Mr. Hrynik to be a credible witness at trial. Where the testimony of Mr. Hrynik and Mr. Scott was conflicting, we relied on Mr. Hrynik's testimony. Mr. Hrynik testified that he did not consider his advice that MSSTA's tax liability would not exceed $10,000 to constitute his opinion as to whether the $300,000 purchase price, which the Bosworth letter represented to him was the amount to be reported to all tax authorities as the purchase price for MSSTA's assets, would be sustained if MSSTA's return were audited by the Service. Mr. Hrynik's advice about MSSTA's tax liability as aPage: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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