- 237 - 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 equalPage: 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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