Ernest I. Korchak - Page 34

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          aspects of the Madison transactions despite the warnings                    
          contained in the POM.  Consequently, we conclude that                       
          petitioner’s investigation of the Madison investment was not                
          reasonable.                                                                 
                    b.   Petitioner’s Reliance on Advisers                            
               Petitioner also contends that he acted reasonably, in part,            
          because (1) he heeded the warnings in the POM and delegated his             
          tax return preparation to his longstanding tax return preparer,             
          (2) he relied on HG&C to monitor his investment, and (3) he                 
          requested and reviewed the Boylan & Evans limited partner                   
          opinion.  Petitioner argues that “Not one of these three                    
          professionals ever advised Petitioner that anything was amiss.              
          * * *  What more could a reasonable and prudent person, not                 
          versed in tax law, do to fulfill his duty to the Commissioner?              
          Infallibility is not required.”  We are not persuaded that                  
          petitioner’s reliance was reasonable.                                       
                         i.   Petitioner’s Tax Return Preparer                        
               The warnings about the potential for an audit and the                  
          promises of large tax benefits contained in the POM should have             
          caused a prudent investor to question the legitimacy of the                 
          promised tax benefits.  Petitioner, however, did not provide his            
          tax return preparer with a copy of the POM or ask him to                    
          evaluate the Madison investment before petitioner invested in               
          it.  Petitioner nevertheless argues that relying on his return              






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