Glenn A. Mortensen - Page 29

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          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 such           






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