Gary W. McDonough - Page 28




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               b.  Reliance on the Bales Memorandum Opinion                           
               Petitioner argues he had reasonable cause for his                      
          underpayments of tax for 1989 and 1991 because he relied on Bales           
          v. Commissioner, T.C. Memo. 1989-568.  We disagree.  In addition            
          to the fact that petitioner by his own admission did not consult            
          an independent professional for advice on Bales, Bales involved             
          different participants, different partnerships, and different               
          years.  Moreover, although petitioner may have read the Bales               
          Memorandum Opinion, we decline to find that he had any                      
          understanding of or reliance on that case independent of what was           
          explained to him by the Hoyt organization.  We conclude that any            
          reliance that petitioner placed on Bales was not reasonable.9               
          See Hansen v. Commissioner, 471 F.3d at 1032-1033; Mortensen v.             
          Commissioner, 440 F.3d 375, 391-392 (6th Cir. 2006), affg. T.C.             
          Memo. 2004-279; Sanders v. Commissioner, T.C. Memo. 2005-163.               






               9 Petitioner argues that he acted reasonably in that this              
          Court was unable to uncover Hoyt’s fraud and petitioner was in no           
          better position to evaluate the legitimacy of his participation             
          in TBS 89-1 or the tax benefits claimed therefrom.  Petitioner is           
          misfocused in making this argument.  The argument relates                   
          improperly to the question (irrelevant herein) of whether                   
          petitioner could or should have uncovered the fraud, rather than            
          to the relevant and decisive issue of whether he was negligent in           
          not adequately investigating the partnership and/or seeking                 
          qualified independent advice concerning it.  See Hansen v.                  
          Commissioner, 471 F.3d at 1032-1033; Mortensen v. Commissioner,             
          440 F.3d at 389-390.                                                        





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