- 242 - 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. Applying the same reasoning as we applied, supra pp. 223-226, for section 6651(a)(1), we conclude that petitioners have not met their burden of proof as to their income tax liability for taxable years ended June 30, 1987 through 1989, and as to their withholding tax liability for calendar years 1985 and 1986. Petitioners have presented no evidence of receiving advice from either an accountant or an attorney that depositing timely a tax in a Government depositary was unnecessary. Mr. Bricker’s letter "in response" to Deloitte’s questions as to whether LTD "is subject to United States income tax" does not address the issue of whether LTD must deposit timely a tax in a Government depositary. We are not persuaded that petitioners relied upon Deloitte for advice as to whether to deposit timely a tax in a Government depositary. Mr. 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 depositing timely a tax in a Government depositary was unnecessary. Mr. Bricker’s letter to Deloitte, in fact, states that LTD is subject to tax on any "fixed or determinablePage: 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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