Tom I. Lincir and Diane C. Lincir - Page 9




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          Commissioner, 857 F.2d 1383, 1386 (9th Cir. 1988), affg. Dister             
          v. Commissioner, T.C. Memo. 1987-217.  In such cases, taxpayers             
          have a duty to show that they made reasonable inquiry into the              
          validity of the investment plans that generated such deductions.            
          See Zmuda v. Commissioner, 731 F.2d 1417, 1422, 1423 (9th Cir.              
          1984), affg. 79 T.C. 714 (1982).                                            
               Petitioners have not made such a showing.  Their reliance              
          upon the advice of Mr. Schenkman did not constitute a "reasonable           
          inquiry".  An accountant's advice cannot shield taxpayers from              
          liability for the negligence penalties when the accountant lacks            
          knowledge of pertinent facts relating to the venture as to which            
          the taxpayers are seeking advice.  See Collins v. Commissioner,             
          supra.  Petitioners have not demonstrated that Mr. Schenkman                
          possessed sufficient expertise to advise them about the gold                
          trading or financial instruments involved in the FTI/Merit                  
          programs.  To the contrary, Mr. Schenkman has conceded that he              
          was not a specialist in gold trading or financial instruments.              
          He has stated that he merely "tried to lay out what the tax                 
          consequences would be based on the information given to me by the           
          promoter".  Mr. Lincir had substantial exposure to the practices            
          of precious metal trading.  He knew, or should have known, of Mr.           
          Schenkman's relative lack of experience.                                    
               Moreover, it was not reasonable for petitioners to base                
          substantial tax losses solely upon the advice of a tax adviser              
          who has an economic interest in promoting the investment.                   
          Investors instead have a duty to consult with competent advisers            

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