Donald J. Barnes and Beverly A. Edwards, f.k.a. Beverly A. Barnes - Page 27

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          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.                   





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