Investment Research Associates - Page 559




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          transactions.  It was not shown that any of IRA's other advisers             
          had knowledge or had been apprised of all the relevant facts.                
          See Collins v. Commissioner, 857 F.2d 1383 (9th Cir. 1988), affg.            
          Dister v. Commissioner, T.C. Memo. 1987-217; Zmuda v.                        
          Commissioner, 731 F.2d 1417 (9th Cir. 1984).  Although reasonable            
          reliance on the advice of professionals may be a defense to                  
          negligence, IRA did not show that the reliance in the instant                
          cases was reasonable.  See Freytag v. Commissioner, 89 T.C. 849,             
          888 (1987), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S.              
          868 (1991).  Consequently, we sustain respondent's determinations            
          that IRA is liable for the addition to tax for negligence or                 
          intentional disregard of rules or regulations under section                  
          6653(a) for 1980, 1983, 1984, 1985, and 1986 on the underpayments            
          from the equipment leasing transaction adjustments.  These                   
          section 6653(a) additions include (1) an addition to tax under               
          section 6653(a) for 1980, (2) an addition to tax under section               
          6653(a)(1) and (2) for 1983, 1984, and 1985, and (3) an addition             
          to tax under section 6653(a)(1)(A) and (B) for 1986.                         
               We also conclude that IRA failed to establish that it acted             
          reasonably and in good faith in claiming the disallowed 1985                 
          capital losses (Issue 25) from its purported sales of various                
          assets to Kanter and Holding Co.  As discussed previously, IRA               
          failed to show that section 267 was inapplicable or that the                 
          sales were bona fide.  Consequently, we sustain respondent's                 






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