- 29 - the expertise and knowledge of the pertinent facts necessary to render such an opinion. Barlow v. Commissioner, 301 F.3d 714, 724 (6th Cir. 2002), affg. T.C. Memo. 2000-339; Freytag v. Commissioner, supra at 888. 1. Reliance on the Hoyt Organization and Partners Petitioner argues that he should escape the negligence penalty because he 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. It is clear in this case that the advice petitioner received from the Hoyt organization, if any, concerning the partnership loss deduction that resulted in the underpayment underlying the penalty was not objectively reasonable. First, we note that petitioner has not established that he received any advice at all concerning the deduction. Although petitioner relied on Mr. Hoyt and his organization to prepare the return, petitioner does not even suggest that he directly questioned Mr. Hoyt or his organization about the nature of the tax claims. Instead, when petitioner signed the return, he did not question or seek advice from anyone concerning the large partnership loss at issue--he merely assumed the items on the return were proper. Nevertheless, assuming arguendo that petitioner did receive advice from Mr. Hoyt or someone within his organization, any suchPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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