- 34 - 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 returnPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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