- 598 - Respondent, on the other hand, contends that IRA failed to establish that it is not liable for the section 6653(a) addition to tax. We conclude that IRA is liable for the addition to tax under section 6653(a) for 1980, 1982, 1983, 1984, 1985, 1986, 1987, and 1988, with respect to its underpayments from the equipment leasing transactions adjustments (Issue 22). As previously noted, Mallin, a tax attorney and an individual with considerable experience in the leasing field, brokered the transactions and recommended them to IRA and Kanter. Kanter further testified that, in having IRA invest in these transactions, he relied upon Mallin. However, it is important to note that Mallin was not acting as an outside, disinterested, and independent adviser to IRA, because he was paid a commission by the leasing company based on IRA's cash investment in each transaction. Indeed, during the course of Mallin's testimony, he acknowledged that he was acting as a broker, not as a tax attorney, in brokering these and other leasing transactions. Moreover, the Court did not accept Mallin's conclusory claims regarding the transactions' profit potential and economic substance. Also, no offering memorandum or prospectus was prepared and furnished to IRA with respect to the subject transactions. IRA failed to establish that a reasonable inquiry was made into the merits of the deductions and credits prior to its investment in thesePage: Previous 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 Next
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