Seymour and Phyllis C. Bronson - Page 19




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               Heasley is not applicable to the cases at hand.  First,                
          petitioners in these cases, although having limited investment              
          experience, are not entirely unsophisticated in business matters:           
          The Bronsons operated two sole proprietorships; Mr. Gordon-Wylie            
          was a corporate sales account manager; Mrs. Gordon-Wylie was                
          employed by an accounting firm; and the Garritys assisted in the            
          operation of an incorporated business.  Second, we have found               
          petitioners’ reliance on Mr. Trimboli to be unreasonable because            
          he was not an independent adviser.  Furthermore, the Gordon-                
          Wylies and the Garritys relied solely on one individual, and that           
          individual both sold them their investment and advised them as to           
          its legal effect without independently researching the legal                
          issues involved.  The Bronsons also effectively relied on one               
          individual because, as discussed below, they did not consult with           
          their return preparer concerning the investment, nor did the                
          preparer independently investigate it herself before classifying            
          the purported loss as a deduction.                                          
               In addition to reliance on Mr. Trimboli, the Bronsons also             
          claim reliance on their tax return preparer, Ms. DiTommaso.  From           
          the record, we conclude Ms. DiTommaso’s role was confined to a              
          routine return preparation in which she merely transferred the              
          purported loss from the Schedule K-1 onto the Bronsons’                     
          return–the Bronsons neither sought nor received from Ms.                    
          DiTommaso any particular advice concerning the investment or the            






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