- 19 - taxpayer from the negligence addition, the reliance must be reasonable, in good faith, and based upon full disclosure. Id.; Weis v. Commissioner, 94 T.C. 473, 487 (1990); Pritchett v. Commissioner, 63 T.C. 149, 174-175 (1974). Not only have petitioners failed to establish that their reliance was based on full disclosure, reasonable, and in good faith, they have fallen short in their attempt to establish that they relied upon the advice of a tax professional. No testimony or other evidence as to advice relied upon by petitioners was advanced. No accountant responsible for preparing petitioners' return was called. Petitioners merely contend that they relied upon an accountant to complete their tax returns. On this record, we conclude that any reliance maintained by petitioners is not sufficient to shield them from liability for the negligence addition. Accordingly, respondent's determination as to this issue is sustained. Issue 5. Addition to Tax, Sec. 6661 Respondent determined that petitioners are liable for the addition to tax pursuant to section 6661 for taxable year 1988 due to a substantial understatement of income tax. Respondent's determination carries with it the presumption of correctness. Rule 142(a). The addition to tax is 25 percent of any underpayment attributable to a substantial understatement. Sec. 6661(a); Pallottini v. Commissioner, 90 T.C. 498 (1988). A substantialPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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