- 27 - 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...)Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011