Investment Research Associates - Page 558




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               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 these                      






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