- 20 - “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.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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