- 12 - Issue 2. Negligence The second issue is whether petitioners are liable for the addition to tax for negligence under section 6653(a)(1) for 1988. Petitioners dispute the negligence addition to tax claiming they are not knowledgeable about tax matters and relied on an accountant. We disagree. Freeman, the accountant who prepared the original returns for petitioners, knew all of the facts surrounding the transactions with Robert and informed petitioners that the losses never could be deducted. Not satisfied with Freeman’s advice, petitioners later went to accountant White who advised petitioners that the loss could be claimed. Section 6653(a)(1) provides that if any part of an underpayment of tax is the result of negligence or intentional disregard of rules or regulations, 5 percent of the underpayment is added to the tax. Negligence is defined as the failure to exercise the due care that a reasonable, prudent person would exercise under similar circumstances. Zmuda v. Commissioner, 731 F.2d 1417, 1422 (9th Cir. 1984), affg. 79 T.C. 714 (1982); Neely v. Commissioner, 85 T.C. 934, 947 (1985). Reliance on professional advice, by itself, is not an absolute defense to negligence. A taxpayer first must demonstrate that his reliance was reasonable. Freytag v. Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S. 868 (1991). Petitioners--both experienced attorneys--undoubtedly took a keen interest in a possible deduction of the magnitude involved in this case. Freeman advised petitioners against taking a theftPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011