- 13 - noncompliance reasonable, however. Edgar v. Commissioner, 56 T.C. 717, 762-763 (1971); Smith v. Commissioner, T.C. Memo. 1993-203. Even if we grant that the reporting and withholding obligations involved in these cases are relatively complicated, petitioners have not demonstrated that this complexity was responsible for their failure to comply. No contemporaneous corporate documents were offered as evidence; no corporate officers were called to testify. Petitioners have not persuaded us that they were not in fact aware of their obligations. They have not satisfied their burden. 2. Reliance on Professionals Petitioners argue that because of their lack of sophistication, they relied on their accounting service to ensure tax compliance. Their accounting service failed to do its job properly. Nevertheless, in their view this reliance was consistent with ordinary business care and prudence under the circumstances. The responsibility to file returns and pay tax when due rests upon the taxpayer and cannot be delegated; in general, the taxpayer must bear the consequences of any negligent errors committed by its agent. Logan Lumber Co. v. Commissioner, 365 F.2d 846, 854 (5th Cir. 1966); Pritchett v. Commissioner, 63 T.C. 149, 173-175 (1974); Abernathy v. Commissioner, T.C. Memo. 1992-237. There is a well-recognized, albeit narrow, exception to this rule. When the taxpayer selects a competentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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