Frank W. George - Page 23




                                        - 23 -                                         
          that he is a consultant on establishing and operating trusts.                
          Chisum is neither an attorney nor an accountant.  There is no                
          evidence that petitioner investigated Chisum’s qualifications.  A            
          taxpayer must make reasonable inquiry as to the legality of a tax            
          plan, including obtaining independent legal advice, when it is               
          common knowledge that the plan is questionable.  See Neely v.                
          United States, 775 F.2d at 1095; Hanson v. Commissioner, 696 F.2d            
          1232, 1234 (9th Cir. 1983), affg. T.C. Memo. 1981-675 (taxpayers             
          who established family trust that was lacking in economic                    
          substance were negligent in putting their faith in “flagrant tax             
          avoidance scheme” repeatedly rejected by the courts).  Petitioner            
          negligently disregarded the tax laws.  We conclude that                      
          petitioner is liable for accuracy-related penalties for                      
          negligence under section 6662(a) for 1993 and 1994.                          
               To reflect the foregoing,                                               

                                                   Decision will be entered            
                                              under Rule 155.                          


















Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  

Last modified: May 25, 2011