Northwestern Indiana Telephone Company - Page 91

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            Commissioner, 857 F.2d 1383, 1386 (9th Cir. 1988), affg. Dister                            
            v. Commissioner, T.C. Memo. 1987-217.  The record fails to                                 
            disclose what specifically the accountant was told or was not                              
            told by NITCO and Mr. Mussman.                                                             
                  Although reliance on the advice of qualified professional                            
            advisers may defeat a finding of negligence under certain                                  
            circumstances, petitioners have not established that the reliance                          
            in the instant cases 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 generally have failed to carry their burden in                           
            establishing that all or parts of their respective underpayments                           
            were not attributable to negligence.  Rule 142(a).                                         
                  We hold that NITCO is liable for additions to tax for                                
            negligence (1) under section 6653(a)(1)(A) and (B), for 1987 and                           
            1988, and (2) under section 6662 for 1989.  The section 6662                               
            addition applies with respect to that part of the $117,547                                 
            portion of the underpayment for 1989 that respondent determined                            
            to be attributable to negligence or intentional disregard of                               
            rules or regulations, which we have sustained.  We further hold                            
            that NITCO will be liable for an addition to tax under section                             
            6653(a)(1)(B) for 1987 with respect to the portion of the                                  
            underpayment for 1987 attributable to NITCO's improper deduction                           
            of certain legal expenses.                                                                 
                  Similarly, we hold that the Mussmans are liable for                                  
            additions to tax for negligence (1) under section 6653(a) for                              



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