General K. Hilliard and Ida M. Hilliard - Page 23

          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, 59           



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