John Y. & Marion Robnett - Page 9




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          tax laws is a defense to the negligence penalties.  See                     
          Chamberlain v. Commissioner, supra at 732.  The advice must be              
          objectively 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.                             
               There is little evidence in the record supporting                      
          petitioners’ argument that they were not negligent.  There is no            
          testimony in the record from the person primarily involved with             
          the investment, Mr. Robnett.  Although Ms. Robnett testified that           
          she--not her husband--was primarily involved in the Yuma Mesa               
          investment, the stipulations of the parties and the evidence show           
          otherwise.  The parties stipulated that it was Mr. Robnett who              
          acquired the interests in the partnership, executed the                     
          subscription agreement, executed the promissory note, and                   
          remitted the cash payment.  The evidence in the record supports             
          these stipulations:  The Schedule K-1 issued by the partnership             
          was issued solely to Mr. Robnett.  There is also no testimony in            
          the record from Mr. Meinke, the person upon whom petitioners are            
          claiming reliance and basing their argument that they are not               
          negligent.  The explanations offered for the absence of testimony           
          from Mr. Robnett and Mr. Meinke were not satisfactory, and in the           
          absence of the testimony we assume that their testimony would not           
          have been favorable to petitioners.  See Mecom v. Commissioner,             
          101 T.C. 374, 386 (1993), affd. 40 F.3d 385 (5th Cir. 1994).                






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