Gary D. and Johnean F. Hansen - Page 27

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          is made on a case-by-case basis, taking into account all                    
          pertinent facts and circumstances.”  Sec. 1.6664-4(b)(1), Income            
          Tax Regs.  The extent of the taxpayer’s effort to ascertain his             
          proper tax liability is generally the most important factor.  Id.           
               A.  Reliance on the Hoyt Organization and Hoyt Partners                
               Petitioners first argue that they should escape the                    
          negligence penalty because they relied in good faith on various             
          individuals with respect to the Hoyt investment:  Mr. Hoyt and              
          other members of the Hoyt organization, tax professionals hired             
          by the Hoyt organization, and other Hoyt investor-partners.                 
               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); see also sec. 1.6664-               
          4(b)(1), Income Tax Regs.  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                    
          reasonable, the advice generally must be from competent and                 
          independent parties unburdened with an inherent conflict of                 
          interest, not from the promoters of the investment.  Goldman v.             
          Commissioner, 39 F.3d 402, 408 (2d Cir. 1994), affg. T.C. Memo.             
          1993-480; LaVerne v. Commissioner, 94 T.C. at 652; Rybak v.                 






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