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          partnerships, the discrepancies in the partnerships in which                
          petitioner was involved, and the continuous warnings being sent             
          by respondent--was unreasonable under the circumstances.                    
               In summary, petitioner asserts that his investigation                  
          yielded no indication of wrongdoing by Mr. Hoyt, and that an                
          “average” taxpayer would have been unable to uncover Mr. Hoyt’s             
          fraud.  However, we conclude that petitioner was nevertheless               
          negligent in not adequately investigating the partnership and/or            
          seeking qualified independent advice concerning it.                         
               B.  Deception and Fraud by Mr. Hoyt                                    
               Petitioner next argues that he should not be liable for the            
          negligence penalty because he was defrauded and otherwise                   
          deceived by Mr. Hoyt with respect to his investment in the Hoyt             
          partnerships.  In this regard, petitioner first argues that the             
          doctrine of judicial estoppel bars application of the negligence            
          penalty because the U.S. Government successfully prosecuted Mr.             
          Hoyt for, in general terms, defrauding petitioner.                          
               Judicial estoppel is a doctrine that prevents parties in               
          subsequent judicial proceedings from asserting positions                    
          contradictory to those they previously have affirmatively                   
          persuaded a court to accept.  United States ex rel. Am. Bank v.             
          C.I.T. Constr., Inc., 944 F.2d 253, 258-259 (5th Cir. 1991);                
          Edwards v. Aetna Life Ins. Co., 690 F.2d 595, 598-599 (6th Cir.             
          1982).  Both this Court and the Court of Appeals for the Sixth              
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