- 19 - 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 thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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