H. Robert Feinberg - Page 22

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          251 (1985); Freytag v. Commissioner, 89 T.C. 849, 888 (1987),               
          affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S. 868 (1991).             
          Reliance on professional advice, standing alone, is not an                  
          absolute defense to negligence but rather a factor to be                    
          considered.  Freytag v. Commissioner, supra.  For reliance on               
          professional advice to excuse a taxpayer from the negligence                
          additions to tax, the taxpayer must show that the professional              
          had the expertise and knowledge of the pertinent facts to provide           
          informed advice on the subject matter.  David v. Commissioner, 43           
          F.3d 788, 789-790 (2d Cir. 1995), affg. T.C. Memo. 1993-621;                
          Goldman v. Commissioner, supra at 408; see Freytag v.                       
          Commissioner, supra; Sann v. Commissioner, T.C. Memo. 1997-259.             
               Reliance on representations by insiders, promoters, or                 
          offering materials has been held an inadequate defense to                   
          negligence.  Goldman v. Commissioner, supra; Sann v.                        
          Commissioner, supra; see Berry v. Commissioner, T.C. Memo. 2001-            
          311; Carroll v. Commissioner, T.C. Memo. 2000-184.  Pleas of                
          reliance have been rejected when neither the taxpayer nor the               
          advisers purportedly relied upon by the taxpayer knew anything              
          about the nontax business aspects of the contemplated venture.              
          See David v. Commissioner, supra; Goldman v. Commissioner, supra.           
               Petitioner primarily contends that he was not negligent                
          because he reasonably relied on the memorandum, the supporting              
          documents to the memorandum, and his advisers.  Petitioner had no           






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