Inverworld, Inc., et al. - Page 161

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            Bricker was secretary and tax counsel of LTD, and he provided                                 
            legal advice to petitioners.  Deloitte itself sought Mr.                                      
            Bricker's opinion on the issue of whether LTD is subject to U.S.                              
            income tax.  Petitioners do not contend that, implicit in the                                 
            advice of their attorney concluding that LTD was not engaged in a                             
            U.S. trade or business, there was the additional counsel that                                 
            filing an income tax return was unnecessary.  Mr. Bricker's                                   
            letter to Deloitte, in fact, states that LTD is still subject to                              
            tax on any "fixed or determinable annual or periodical" U.S.                                  
            source income that it may receive.  Petitioners have not                                      
            persuaded us that they received advice to the effect that filing                              
            an income tax return was unnecessary.  Consequently, we hold that                             
            petitioners have not established reasonable cause and are                                     
            therefore subject to the section 6651(a)(1) addition to tax                                   
            relating to LTD’s income tax liability for taxable years ended                                
            June 30, 1987 through 1989, and LTD’s withholding tax liability                               
            for calendar years 1985 and 1986.                                                             
                  2.    Sections 6653(a)(1) and 6653(a)(1)(A)                                             
                  The Code imposes an addition to tax that is equal to 5                                  
            percent of the entire underpayment if any part of it was due to                               
            negligence or disregard of rules or regulations.  Sec. 6653(a)(1)                             
            (for petitioners’ taxable year ended June 30, 1985), sec.                                     
            6653(a)(1)(A) (for petitioners’ taxable years ended June 30, 1986                             
            through June 30, 1988), sec. 6653(a)(1) (for petitioners’ taxable                             
            year ended June 30, 1989).  If the addition to tax applies, the                               
            Code imposes a further addition to tax in an amount that is equal                             




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