- 34 - D. The Bales Opinion Petitioners next argue that they had reasonable cause for the underpayment because of this Court’s opinion in Bales v. Commissioner, T.C. Memo. 1989-568.7 Bales involved deficiencies asserted against various investors in several different cattle partnerships marketed by Mr. Hoyt. This Court found in favor of the investors on several issues, stating that “the transaction in issue should be respected for Federal income tax purposes.” The Bales case involved different investors, different partnerships, different taxable years, and different issues than those underlying the present case. First, petitioners argue they relied on Bales in claiming the deduction for the partnership loss. We find that petitioners have not established that they relied on Bales in this manner. While petitioners received the opinion, there is no evidence that they, without any background in law or accounting, personally relied upon the opinion in claiming the relevant partnership loss. To the contrary, Mr. Van Scoten testified at trial that he 7Petitioners also argue that the Bales opinion provided “substantial authority for the positions taken on petitioners’ 1991 income tax return.” There is no explicit “substantial authority” exception to the sec. 6662(a) accuracy-related penalty for negligence. Hillman v. Commissioner, T.C. Memo. 1999-255 n.14 (citing Wheeler v. Commissioner, T.C. Memo. 1999-56). While petitioners refer to the “reasonable basis” exception to the negligence penalty, set forth in sec. 1.6662-3(b)(3), Income Tax Regs., they do not specifically argue that the exception applies in this case. Nevertheless, we note that the record does not establish that petitioners had a reasonable basis for claiming the partnership loss at issue in this case.Page: 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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