but $614 was substantiated by petitioners. In the notice of deficiency, respondent determined that petitioners overstated their mortgage interest deductions for 1987 and 1988 by $614 and $8,315, respectively. On brief, respondent conceded a portion of the mortgage interest deduction for 1988, and $1,935 remains in controversy for 1988. Petitioners failed to present any evidence substantiating the disallowed mortgage interest of $614 for 1987 or the $1,935 remaining in dispute for 1988. Accordingly, petitioners are not entitled to deductions for mortgage interest for 1987 and 1988 in excess of the amounts determined by or agreed to by respondent. VII. Negligence Negligence includes a lack of due care or a failure to do what a reasonable and ordinarily prudent person would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). Petitioners bear the burden of proving that respondent's determination of negligence is erroneous. Rule 142(a); Bixby v. Commissioner, 58 T.C. 757, 791-792 (1972). A taxpayer can avoid liability for the addition to tax for negligence if the taxpayer can show that he reasonably relied on the advice of a competent and experienced accountant or attorney to prepare his return. Weis v. Commissioner, 94 T.C. 473, 487 (1990); Conlorez Corp. v. Commissioner, 51 T.C. 467, 475 (1968). The taxpayer must show that all necessary information was supplied to the return preparer and that the error on the return resulted from the preparer's mistake. Pessin v. Commissioner, 59Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011