David J. Edwards - Page 53




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          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.  Such               







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