- 16 - approximated $900,000, their alleged lack of interest in the tax benefits generated by MSA is unconvincing. We are also unpersuaded by petitioners' argument that because of his busy law practice and heavy responsibilities with the MGM disaster litigation, he could not be expected to spend time investigating the MSA partnership. Petitioner claims that he hired a financial planner so that he would not have to spend his time or resources investigating potential investments. In our view, despite his numerous responsibilities, petitioner is required to exercise due care with respect to his Federal income taxes. Wilson v. Commissioner, T.C. Memo. 1995-525. Based on the foregoing we find that petitioner failed to establish that he acted in a reasonable and prudent manner when he invested in MSA. Accordingly, we find petitioners were negligent in claiming the loss and credits on their returns for the taxable years at issue. Respondent's determination of the additions to tax under section 6653(a) for 1980 and 6653(a)(1) and (a)(2) for 1981, 1982, and 1983 is sustained. We next consider whether petitioners are liable for additions to tax under section 6659. Under this section, a graduated addition to tax is imposed when an individual has an underpayment of tax that equals or exceeds $1,000 and "is attributable to" a valuation overstatement. Sec. 6659(a), (d). A valuation overstatement exists if the fair market value (orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011