Joseph P. and Mary B. McDonald - Page 15




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          opinion letter should itself insulate petitioners from the                  
          negligence additions to tax.                                                
               Because Mr. Trimboli was not an independent adviser,                   
          petitioners’ reliance on any advice from him was not reasonable.            
          Bello v. Commissioner, T.C. Memo. 2001-56 (reliance on advice               
          from an accountant concerning an investment was unreasonable                
          where the accountant had been retained by the investment                    
          promoter); LaVerne v. Commissioner, supra; Rybak v. Commissioner,           
          supra.                                                                      
               Finally, petitioners cite Hummer v. Commissioner, T.C. Memo.           
          1988-528, for the proposition that taxpayers cannot be negligent            
          where the relevant legal issue was “not well settled”.                      
          Petitioners, however, did not receive substantive advice                    
          concerning the deduction from anyone independent of the                     
          investment, nor did they conduct their own investigation into the           
          propriety of the deduction.  Indeed, there is no indication that            
          petitioners ever were aware of the nature of the purportedly                
          uncertain legal issues involved.  Petitioners may not rely upon a           
          “lack of warning” as a defense to negligence where no reasonable            
          investigation was ever made which would have allowed them to                
          discover such a lack of warning, and where they were repeatedly             
          warned of the relevant risks in the private placement memorandum.           
          Christensen v. Commissioner, T.C. Memo. 2001-185; Robnett v.                
          Commissioner, T.C. Memo. 2001-17.                                           






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