- 13 - the partnership’s position on tax issues. Thus, we do not accept petitioners’ assertion that Mr. Trimboli’s reliance on the 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. Petitioners point to the standard set forth by the Fifth Circuit Court of Appeals in Heasley v. Commissioner, 902 F.2d 380 (5th Cir. 1990), revg. T.C. Memo. 1988-408. In Heasley, the court found that the taxpayers--who were moderate-income, blue- collar investors with little education or prior investment experience--were to be held to a lower standard of due care when evaluating whether they were negligent in making an investment. The court found that the taxpayers, the Heasleys, were not negligent because, among other reasons, they had relied on financial advisers. Id. at 384. The financial consultant who had sold the Heasleys the investment had referred them to an independent accountant for assistance in preparing their tax return with respect to the investment. The accountant, in turn,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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