Michael W. Keller - Page 27

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          indicated by reliance on facts that, unknown to the taxpayer, are           
          incorrect.”  Id.                                                            
               Petitioner argues that he had reasonable cause for his                 
          underpayments of tax because he was defrauded by Hoyt and                   
          therefore made an “honest mistake of fact”.  He asserts that he             
          had insufficient information concerning his investment, and that            
          all “available independent evidence * * * supported Hoyt’s                  
          assertions.”  However, petitioner testified that he relied                  
          exclusively on the assertions made by Hoyt, members of the Hoyt             
          organization, and other Hoyt investors.  There is no indication             
          that petitioner attempted to verify any of the information he was           
          given.  He did not seek an outside opinion from an investment               
          advisor, tax attorney, or accountant.  Petitioner’s argument that           
          he had insufficient information, while at the same time admitting           
          he made no attempt to get additional information, is not                    
          persuasive.  If petitioner misunderstood the facts surrounding              
          his investment, it was not an honest misunderstanding but a                 
          negligent one.                                                              
                    c.   Reliance on the Bales Opinion                                
               Petitioner argues he had reasonable cause for his                      
          underpayments of tax because he relied on this Court’s opinion in           
          Bales v. Commissioner, T.C. Memo. 1989-568.9  Bales involved                

               9  Petitioner also argues that the opinion in Bales v.                 
          Commissioner, T.C. Memo. 1989-568, provided substantial authority           
                                                             (continued...)           





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