- 20 - 408; David v. Commissioner, 43 F.3d 788, 789-790 (2d Cir. 1995), affg. T.C. Memo. 1993-621; Freytag v. Commissioner, supra; Sann v. Commissioner, T.C. Memo. 1997-259. Moreover, reliance on representations by insiders or promoters, or on offering materials has been held an inadequate defense to negligence. See Pasternak v. Commissioner, 990 F.2d 893 (6th Cir. 1993), affg. Donahue v. Commissioner, T.C. Memo. 1991-181; LaVerne v. Commissioner, 94 T.C. 637, 652-653 (1990), affd. without published opinion 956 F.2d 274 (9th Cir. 1992); Sann v. Commissioner, supra. Pleas of reliance have been rejected when neither the taxpayer nor the advisers purportedly relied upon by the taxpayer knew anything about the nontax business aspects of the contemplated venture. See David v. Commissioner, supra; Freytag v. Commissioner, supra. In these cases, petitioners’ purported reliance on Grande and Maki does not relieve them of liability for the additions to tax for negligence. Grande’s and Maki’s expertise was in taxation, not plastics or plastics recycling. Moreover, neither Grande nor Maki consulted with any persons who had such expertise in plastics or plastics recycling. At trial, Keith and Warren testified that Grande’s and Maki’s review was limited to examining the offering memorandum to ascertain whether the documents had been properly prepared so that they as limited partners would be entitled to the tax benefits presented by thePage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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