H. Robert Feinberg - Page 34

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          analyze the transaction.”  Accordingly, we hold that petitioner             
          did not in good faith or reasonably rely on Becker as an expert             
          or qualified professional working in the area of his expertise to           
          establish the fair market value of the recyclers and the                    
          viability or bona fides of the SAB transactions.  Becker never              
          assumed such responsibility, and he fully described the                     
          particulars of his investigation, taking care not to                        
          mischaracterize it as “due diligence”.                                      
               In the end, petitioner indirectly and Becker directly relied           
          upon PI personnel for the value of the recyclers and the economic           
          viability of the SAB Foam transactions.  See Vojticek v.                    
          Commissioner, T.C. Memo. 1995-444, to the effect that advice from           
          such persons “is better classified as sales promotion.”  As                 
          explained above, Becker did not have any education, special                 
          qualifications, or professional skills in plastics materials or             
          plastics recycling.  A taxpayer may rely upon his adviser’s                 
          advice and expertise (in this case accounting and tax advice)               
          only where such reliance is objectively reasonable, but it is not           
          reasonable or prudent to rely upon a tax adviser regarding                  
          matters outside his field of expertise or with respect to facts             
          that he does not verify.  See Addington v. Commissioner, 205 F.3d           
          at 58; Goldman v. Commissioner, 39 F.3d at 408; Skeen v.                    
          Commissioner, 864 F.2d 93 (9th Cir. 1989), affg. Patin v.                   
          Commissioner, 88 T.C. 1086 (1987); Lax v. Commissioner, T.C.                






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