Lowell L. and Marilyn A. Robertson - Page 41




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                  Petitioners argue that the Court should vacate that                 
             portion of Robertson I relating to the additions to tax                  
             under sections 6653(a) and 6661 and hold that petitioners                
             are not liable for those additions to tax.  As to the                    
             additions under section 6653(a)(1) and (2), petitioners                  
             assert that the Court should hold that petitioners are                   
             not subject to liability under those provisions because:                 
             (1) Petitioners reasonably relied in good faith on the Tax               
             Opinion contained in the Investment Memorandum and on the                
             tax advice of one of their partners, Mr. Gerver; (2) they                
             "conducted an independent evaluations [sic] [of the                      
             investment] that corroborated the information provided in                
             the memorandum, the Projections, and the Appraisal"; (3)                 
             the information provided to petitioners and the other                    
             unitholders reasonably could not have been expected to                   
             suggest that the unitholders did not have a reasonable                   
             prospect of qualifying for the expected tax consequences                 
             of the transaction; and (4) at the time they entered into                
             the investment there was a substantial market for equity                 
             investments in computer equipment leasing transactions with              
             many offering tax benefits exceeding those anticipated from              
             the investment in issue.                                                 
                  As to the additions to tax under section 6661, peti-                
             tioners assert that the Court should hold that petitioners               






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