Glenn A. Mortensen - Page 39

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          issue should be respected for Federal income tax purposes.”                 
          Bales involved different investors, different partnerships,                 
          different taxable years, and different issues than those                    
          underlying the present case.                                                
               First, petitioner argues that he relied on the Bales opinion           
          in claiming the deduction for the partnership loss.  Without                
          further addressing the applicability of Bales to petitioner’s               
          situation, we find that petitioner has not established that he              
          relied on Bales in this manner.  While petitioner received the              
          opinion and may have read a portion of it, there is no evidence             
          that he, without any background in law or accounting, personally            
          relied upon the opinion in claiming the relevant partnership                
          loss.  Rather, petitioner admits that he relied instead on the              
          interpretation of Bales provided by Mr. Hoyt and members of his             
          organization, who repeatedly claimed that Bales was proof that              
          the partnerships and the tax positions were legitimate.  We have            
          already found that petitioner’s reliance on Mr. Hoyt and his                
          organization was objectively unreasonable and, as such, not a               
          defense to the negligence penalty.  Accepting Mr. Hoyt’s                    
          assurances that Bales was a wholesale affirmation of his                    
          partnerships and his tax claims was no less unreasonable.                   
               Second, petitioner argues that, because this Court was                 
          unable to uncover the fraud or deception by Mr. Hoyt in Bales,              
          petitioner as an individual taxpayer was in no position to                  






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