Myron Barlow and Arlene Barlow - Page 29




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          negligence if reasonable reliance on a competent professional                
          adviser is shown.  See United States v. Boyle, 469 U.S. 241, 250-            
          251 (1985); Freytag v. Commissioner, 89 T.C. 849, 888 (1987),                
          affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S. 868 (1991).              
          Reliance on professional advice, standing alone, is not an                   
          absolute defense to negligence, but rather a factor to be                    
          considered.  See Freytag v. Commissioner, supra.  For reliance on            
          professional advice to excuse a taxpayer from negligence, the                
          taxpayer must show that the professional had the requisite                   
          expertise, as well as knowledge of the pertinent facts, to                   
          provide informed advice on the subject matter.  See David v.                 
          Commissioner, 43 F.3d 788, 789-790 (2d Cir. 1995), affg. T.C.                
          Memo. 1993-621; Goldman v. Commissioner, supra; Freytag v.                   
          Commissioner, supra.                                                         
               Petitioner contends that he reasonably relied on the advice             
          of Gordon.  However, Gordon never represented that he had any                
          specialized knowledge about plastics recycling.  Morever, the                
          record indicates that Gordon received a 10-percent commission in             
          connection with promoting the Dickinson investment and also                  
          provided legal services for which he was compensated.  Reliance              
          on representations by insiders or promoters has been held to be              
          an inadequate defense to negligence.  See Goldman v.                         
          Commissioner, supra; LaVerne v. Commissioner, 94 T.C. 637, 652-              
          653 (1990), affd. without published opinion 956 F.2d 274 (9th                






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