- 13 - validity of the tax benefits. See Zmuda v. Commissioner, 731 F.2d 1417, 1422-1423 (9th Cir. 1984), affg. 79 T.C. 714 (1982). Petitioners did not obtain independent advice or look beyond the trust promoters and an accountant (Dunning) to whom they were referred by Becker, from whom they bought the trust package. Their claim of good faith reliance on Dunning is not persuasive; they should have sought confirmation from a reliable and disinterested adviser. See Collins v. Commissioner, supra (taxpayer failed to obtain independent tax advice); Edwards v. Commissioner, T.C. Memo. 2002-169 (taxpayer could not rely on the trust promoter), affd. 119 Fed. Appx. 293 (D.C. Cir. 2005); Lincir v. Commissioner, T.C. Memo. 1999-98 (reliance on an accountant’s advice about the tax treatment of an investment program was not in good faith where the accountant could earn more if his clients invested in the program), affd. 32 Fed. Appx. 278 (9th Cir. 2002). Petitioners contend that the fact that Dunning was in contact with WCS and attended a WCS meeting shows that it was reasonable to rely on him. We disagree. Dunning’s relationship with Becker and WCS should have put petitioners on notice that he was not independent or disinterested. Petitioners cite Kantor v. Commissioner, 998 F.2d 1514, 1522-1523 (9th Cir. 1993), affg. in part and revg. in part T.C. Memo. 1990-380; Norgaard v. Commissioner, 939 F.2d 874, 880 (9thPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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