-311- challenge the tax treatment and that a court could sustain the challenge. Because the Company would bear the burden of proof required to support items challenged by the IRS, in rendering our opinions, we have assumed that the Company, or other appropriate taxpayer, will undertake the effort and expense to present fully the case in support of any matter that the IRS challenges. We conclude that Mr. Lerner did not reasonably rely on the Chamberlain Hrdlicka opinion in preparing SMP’s and Corona’s 1997 and 1998 partnership tax returns.213 8. Conclusion We conclude that the advice that petitioner claims he relied upon in preparing SMP’s and Corona’s 1997 and 1998 partnership tax returns does not satisfy the reasonable cause exception and does not provide a basis for avoiding the accuracy-related penalties. 213 The Chamberlain Hrdlicka opinion was issued after Mr. Lerner prepared and filed SMP’s and Corona’s 1997 partnership tax returns. Mr. Lerner claims, however, that he had discussions with Mr. Valentino prior to filing the 1997 returns and that Mr. Valentino’s oral advice closely tracked the written advice, as well as Mr. Levinton’s conclusions. Mr. Lerner did not call Mr. Valentino as a witness, and, with the exception of Mr. Lerner’s self-serving testimony, we have no basis for determining the true nature of Mr. Lerner’s discussions with Mr. Valentino or any way to gauge his reliance on any advice Mr. Valentino might have given. In any event, if the advice was consistent with the Chamberlain Hrdlicka opinion letter, Mr. Lerner could not have reasonably relied upon it.Page: Previous 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 Next
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