- 27 - Partners’”. Petitioner now denies signing any partnership documents.10 Based on the record as a whole, we conclude that petitioner was an investor in the partnership RCR #1, and that she invested in the partnership in 1981. Petitioner argues that she is not liable for the negligence additions to tax because she had “reasonable cause for tax claims on the subject returns” and that she made “reasonable inquiries into ascertaining the nature of the claim and received assurances of its accuracy.” In support of this argument, petitioner asserts that she reasonably relied on Mr. Hoyt to accurately prepare her returns. Good faith reliance on professional advice concerning tax laws may be a defense to the negligence penalties. United States v. Boyle, 469 U.S. 241, 250-251 (1985). However, “Reliance on professional advice, standing alone, is not an absolute defense to negligence, but rather a factor to be considered”. Freytag v. Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S. 868 (1991). In order to be considered as such, the reliance must be reasonable. Id. To be objectively 10Similar contradictory statements were made in the initial petition signed by both petitioner and Mr. Barnes. In the petition, petitioner alleges that she was a general partner in RCR #1 (as well as another partnership, River City Ranches #2) during 1981, and that she was personally liable on a note in the amount of $116,780 related to her partnership investment.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011