Kenneth and Dorothy Hitchen - Page 20

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          “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. 637, 652 (1990), affd. without published              
          opinion sub nom. Cowles v. Commissioner, 949 F.2d 401 (10th Cir.            
          1991), affd. without published opinion 956 F.2d 274 (9th Cir.               
          1992); Rybak v. Commissioner, 91 T.C. 524, 565 (1988); Edwards v.           
          Commissioner, T.C. Memo. 2002-169.                                          
               Petitioners invested in the Hoyt partnership in the latter             
          part of 1986.  As part of their initial investment in the Hoyt              
          partnership, petitioners gave Mr. Hoyt the authority to sign a              
          promissory note on their behalf in the amount of $190,000.                  
          Petitioners trusted the Hoyt organization when they were told               
          that this was a mere formality, necessary for their investment.             
          Petitioners did not investigate either the partnership as a                 
          whole, or the implications of the $190,000 promissory note.                 








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