Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 217

                                        -288-                                         
          he knows, or should know, to be relevant to the proper tax                  
          treatment of an item.  Id.                                                  
               The advice must not be based on unreasonable factual or                
          legal assumptions (including assumptions as to future events) and           
          must not unreasonably rely on the representations, statements,              
          findings, or agreements of the taxpayer or any other person.                
          Sec. 1.6664-4(c)(1)(ii), Income Tax Regs.  For example, the                 
          advice must not be based upon a representation or assumption                
          which the taxpayer knows, or has reason to know, is unlikely to             
          be true, such as an inaccurate representation or assumption as to           
          the taxpayer’s purposes for entering into a transaction or for              
          structuring a transaction in a particular manner.  Id.                      
               Petitioner points to the following items that he claims he             
          relied upon:  (1) An August 27, 1996, memorandum from Gerald                
          Rokoff and Alvin Knott of Shearman & Sterling to Mr. Lerner; (2)            
          an August 30, 1996, memorandum from Messrs. Rokoff and Knott of             
          Shearman & Sterling to Mr. Lerner; (3) a February 21, 1997, draft           
          memorandum from Robert Feinberg and Jeffrey N. Bilskie of Ernst &           
          Young, LLP, to James Rhodes; (4) a May 12, 1997, memorandum of              
          Messrs. Rokoff and Knott of Shearman & Sterling to Messrs. Lerner           
          and Rhodes; (5) an October 10, 1997, memorandum from Messrs.                
          Rokoff and Knott of Shearman & Sterling to Mr. Lerner and Cynthia           
          Beerbower; (6) a February 26, 1998, memorandum from Mr. Knott of            
          Shearman & Sterling to Mr. Lerner; (7) a May 1, 1998, memorandum            






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