Gilfred B. and Patricia Swartz - Page 13




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          an adviser who was a close personal friend); Reile v.                       
          Commissioner, T.C. Memo. 1992-488 (taxpayers reasonably relied on           
          advice from an adviser who was an acquaintance and fellow “temple           
          recommend holder”).  Furthermore, petitioners’ professional                 
          dealings with Mr. Trimboli were only in the context of an                   
          accountant-client relationship.  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, 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            






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