- 235 - LTD’s failure to file withholding tax returns for calendar years 1985 and 1986 were due to reasonable cause and not due to willful neglect. Petitioners seek to establish reasonable cause by showing their reliance on the opinion of their tax counsel. Petitioners cite Haywood Lumber & Mining Co. v. Commissioner, 178 F.2d 769, 771 (2d Cir. 1950), modifying 12 T.C. 735 (1949) in which the court stated that "When a corporate taxpayer selects a competent tax expert, supplies him with all necessary information, and requests him to prepare proper tax returns, we think the taxpayer has done all that ordinary business care and prudence can reasonably demand." Petitioners contend that LTD and INC provided full disclosure of all relevant facts to their accountants and tax lawyers, and the returns prepared by such professionals in accordance with such facts constitute tax advice upon which LTD and INC may, in good faith, reasonably rely and not be subjected to additions to tax for failure to file a return. We conclude that petitioners have not met their burden of proof. Petitioners have presented no evidence of receiving advice from either an accountant or an attorney that filing a return was unnecessary. The record contains one letter, dated December 18, 1984, in which Mr. Bricker writes "in response" to Deloitte's questions as to whether LTD "is subject to United States income tax." Mr. Bricker concludes that LTD "is not subject to United States tax other than on any 'fixed orPage: Previous 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 Next
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