Ronald F. and Cynthia G. Van Scoten - Page 34

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               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.                                 




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