Keith E. and Marilyn B. West - Page 20




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          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 the             






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