- 91 - 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) forPage: Previous 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 Next
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