Dennis L. Rogers and Charlotte Rogers - Page 13

                                       - 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 (9th            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011