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               In Thompson v. United States, supra, the Court of Appeals               
          for the Tenth Circuit held that the District Court did not abuse             
          its discretion in instructing the jury that reasonable, good-                
          faith reliance on the advice of a professional adviser                       
          constitutes a defense to negligence within the meaning of section            
          6653.  This holding served to uphold the jury’s verdict in favor             
          of the taxpayers on the issue of negligence.                                 
               In Thompson v. United States, supra, the Government relied              
          heavily on the unpublished opinion of the Court of Appeals for               
          the Tenth Circuit in a similar Plastics Recycling case, Gilmore &            
          Wilson Constr. Co. v. Commissioner, 166 F.3d 1221 (10th Cir.                 
          1999), affg. Estate of Hogard v. Commissioner, T.C. Memo. 1997-              
          174.  The Court of Appeals dismissed the Government’s  assertion             
          that its holding in that case was dispositive of the issue before            
          it:                                                                          
               In that case we reviewed the tax court’s factual                        
               determination, made after a bench trial, that the                       
               taxpayers were negligent.  Here we consider the more                    
               limited question of whether a reliance instruction was                  
               warranted.  Had we been presented with such a question                  
               in Gilmore & Wilson, we would likely have upheld the                    
               instruction.  See id. at *5 (“The evidence introduced,                  
               both at trial and through stipulation, presents a close                 
               question regarding whether taxpayers were negligent.”)                  
               For this reason, the government’s reliance on Gilmore &                 
               Wilson is misplaced. [Thompson v. United States, supra                  
               at 1210; fn. ref. omitted.]                                             
               In the present cases, we have considered petitioner’s                   
          contention regarding reliance.  However, we have concluded, based            
          on the totality of the facts and circumstances presented at                  
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