- 53 - returns for the years in issue and throughout the trial, however, petitioner continued to assert that the trusts were separate entities for Federal income tax purposes. Respondent contends that petitioner’s position was frivolous, and that we should impose sanctions on petitioner under section 6673(a) for maintaining that position. Petitioner argues that we should not impose sanctions because he maintained his position in good faith and in reliance on the promoter of the trusts, Henkell (who, petitioner claims, was a “leader in the trust business” and “master-trust maker of his time” before being fined and enjoined from providing trust advice in United States v. Estate Pres. Servs., 202 F.3d 1093 (9th Cir. 2000)). The positions taken by petitioner before this Court were taken and continued long after Henkell had been fined and enjoined from further promoting his abusive trusts. Respondent provided petitioner with copious citations of our prior cases holding trusts like his to be invalid abusive trusts. Moreover, as discussed above in connection with the accuracy-related penalties, reliance on the opinion of a shelter promoter regarding the validity of the shelter is, as a general matter, not reasonable reliance. Goldman v. Commissioner, 39 F.3d at 480; Neonatology Associates, P.A. v. Commissioner, 115 T.C. at 99; Marine v. Commissioner, 92 T.C. at 992-993. SuchPage: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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