Leema Enterprises, Inc. - Page 70




                                       - 70 -                                         

          Reliance upon disinterested expert advice may satisfy the prudent           
          person standard, but only when the taxpayer has shown that he               
          provided correct and complete information to an adviser who knows           
          something about the business in which the taxpayer has invested.            
          Freytag v. Commissioner, 904 F.2d at 1017; Collins v. Commissioner,         
          857 F.2d 1383, 1386 (9th Cir. 1988), affg. Dister v. Commissioner,          
          T.C. Memo. 1987-217.  Here Mr. Keeler has failed to make that               
          showing.                                                                    
               Similarly, Dr. Richartz and his corporation, Leema, are both           
          chargeable with knowledge of how Merit operated--not as a valid             
          economic enterprise, but rather as one formed and used to obtain            
          immediately large tax deductions and deferrals of highly                    
          questionable validity.  Neither Dr. Richartz nor any of Merit's             
          principals exhibited any concern about the obvious lack of economic         
          substance or about the absence of any meaningful profit motive in           
          selling and operating the Merit markets.  The additions to tax under        
          section 6653(a) are properly imposed upon Dr. Richartz and Leema.           
               Ms. Rivera is also subject to the section 6653(a) additions to         
          tax.  We have taken into account her circumstances, which included          
          a limited familiarity with English and her illness during at least          
          some of the period in issue.  She apparently placed her trust in Dr.        
          Richartz.  Ms. Rivera, however, was also a part-owner of Merit and          
          a participant in its activities.  Having appraised the evidence and         
          her testimony, we believe that she was aware of its activities and          
          of its tax-benefit orientation.  She filed tax returns which claimed        
          large, but economically unsubstantial, tax savings.  It was not             

Page:  Previous  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  71  72  73  Next

Last modified: May 25, 2011