Jackie H. Hunt - Page 9




                                        - 9 -                                         
          reasonable and must not be from one with an inherent conflict of            
          interest or from one with no knowledge concerning the matter upon           
          which the advice is given.  See id.                                         
               The advice petitioner allegedly received from Mr. Meinke               
          fails as a defense to negligence due to the clear presence of a             
          conflict of interest.  See id.; Rybak v. Commissioner, 91 T.C.              
          524, 565 (1988).  Mr. Meinke was a promoter of the Yuma Mesa                
          partnership and was a principal in the related entities.  Thus,             
          any reliance on Mr. Meinke by petitioner was not reasonable.                
               Petitioner asserts that she also received advice concerning            
          the proper tax treatment of the loss from Mr. Mussina.  Mr.                 
          Mussina was an accountant and attorney who had prepared tax                 
          returns for petitioner and advised her concerning legal matters             
          such as the creation of a deferred compensation plan for her                
          professional association.  The only evidence in the record                  
          supporting petitioner’s assertion that she relied upon Mr.                  
          Mussina is petitioner’s testimony that she made an inquiry into             
          the legality of the partnership, to which Mr. Mussina answered              
          that the partnership appeared to be “legal and properly put                 
          together.”  No testimony was given that she inquired into the               
          proper tax treatment of the partnership loss.  No corroborating             
          evidence for the general advice was presented.  The alleged                 
          advice was sought before petitioner made her investment, and not            
          at the time she filed her return.  Petitioner could not recall              






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011