Inverworld, Inc., et al. - Page 167

                                                - 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 determinable                               





Page:  Previous  225  226  227  228  229  230  231  232  233  234  235  236  237  238  239  240  241  242  243  244  Next

Last modified: May 25, 2011