- 19 - the firm to assure that tax returns of managing directors contained matters properly reported. Barry M. Strauss testified, and we are satisfied, that Associates’ personnel were qualified as tax experts, reviewed petitioner’s returns, were aware of Ballard Marine’s activities, and advised petitioner that his reporting positions were proper.1 Petitioner can rely on such advice to avoid an addition to tax for negligence. See, e.g., Horn v. Commissioner, 90 T.C. 908, 942 (1988); Conlorez Corp. v. Commissioner, 51 T.C. 467, 475 (1968). Accordingly, we have found that petitioner was not negligent, and we sustain no addition to tax for negligence. B. Substantial Understatement of Liability Respondent has determined an addition to tax under section 6661 for 1987. Section 6661(a) provides for an addition to the tax for any year for which there is a substantial understatement of income tax. A substantial understatement is defined as an understatement which exceeds the greater of 10 percent of the tax required to be shown on the return for the year or $5,000. Sec. 6661(b)(1)(A). The amount of the addition to tax is 25 percent of the underpayment attributable to a substantial understatement. Pallottini v. Commissioner, 90 T.C. 498 (1988). The amount of the understatement, however, is reduced by amounts attributable 1 That extends to certain adjustments relating to itemized deductions that were the subject of the second stipulation of facts and that were conceded by petitioner.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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