- 28 - 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.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: November 10, 2007