- 240 - years ended 1987 through 1989, that LTD is liable as a withholding agent for withholding tax on the dividend it paid to its shareholders in calendar years 1985 and 1986, and that INC is not liable as a withholding agent for withholding tax. Pursuant to Emmons v. Commissioner, supra, we hold that LTD’s failure to file timely income tax returns for taxable years ended June 30, 1987 through 1989 and LTD’s failure to file withholding tax returns for calendar years 1985 and 1986 are prima facie cases of negligence. Petitioners have not come forward with sufficient evidence; i.e., they have not "overcome" or "put in equilibrium" such a prima facie case. Id. at 349, and the cases cited therein. As to LTD, petitioners did not proffer evidence tending to meet or to rebut respondent's prima facie cases of negligence. Consequently, we sustain respondent's determinations that LTD, as to its corporate income tax returns for taxable years ended June 30, 1987 through 1989, and its withholding tax returns for calendar years 1985 and 1986, was negligent. As to INC's income tax returns and Holdings' income tax returns, petitioners contend that reliance upon experienced advisers relieves them from the addition to tax for negligence. Petitioners, however, have not provided sufficient evidence to prove that such reliance was reasonable. Ewing v. Commissioner, supra; Freytag v. Commissioner, supra. Consequently, we sustain respondent's determination of section 6653 additions to tax for INC and Holdings.Page: 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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