Joseph P. and Mary B. McDonald - Page 14




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          their tax returns.  Petitioners could not have had prior dealings           
          with Mr. Trimboli as a financial planner because he had no                  
          experience in the field prior to 1983.  Cf. Wright v.                       
          Commissioner, T.C. Memo. 1994-288 (taxpayers reasonably relied              
          upon an individual who was recommended to them as a financial               
          adviser, who had a strong presence in the community as such, and            
          who misled the taxpayers concerning the propriety of an                     
          investment).  Thus, the relationship between petitioners and Mr.            
          Trimboli was not close enough or prolonged enough--either                   
          personally or professionally--to merit special consideration in             
          the level of due care required by petitioners in this case.                 
               With respect to his role as tax adviser,3 Mr. Trimboli                 
          largely relied on the opinion letter addressed to Arid Land’s               
          general partner, Mr. Cole.  There is little to indicate that Mr.            
          Trimboli researched the issues himself thoroughly enough to come            
          to any independent conclusions concerning the propriety of the              
          deductions.  We find that Mr. Trimboli’s reliance on the opinion            
          letter further supports our conclusion that Mr. Trimboli did not            
          render independent, objective advice concerning the propriety of            
          the partnership’s position on tax issues.  Thus, we do not accept           
          petitioners’ assertion that Mr. Trimboli’s reliance on the                  

          3We assume for the sake of argument that petitioners                        
          approached Mr. Trimboli for substantive tax advice.  There is no            
          evidence in the record that petitioners did more than rely on Mr.           
          Trimboli’s representation that Arid Land was a good financial               
          investment.                                                                 





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