- 11 - 791-792 (1972). The addition to tax for negligence under section 6653 may be correctly assessed in cases where claimed deductions are not supported by the facts. Sandvall v. Commissioner, 898 F.2d 455, 459 (5th Cir. 1990), affg. T.C. Memo. 1989-56 and T.C. Memo. 1989-189; Marcello v. Commissioner, 380 F.2d 499 (5th Cir. 1967), affg. in part and remanding in part 43 T.C. 168 (1964). Petitioner maintains that he acted reasonably and with due care in claiming deductions and credits with respect to his investment in Southampton. In support thereof, petitioner argues that: (1) He relied on promotional materials and appraisals furnished by Southampton; (2) he relied on his investment adviser and an enrolled agent who reviewed the promotional materials; (3) he conducted his own investigation of the music industry; (4) he monitored his investment through correspondence with Indigo and Southampton; (5) he relied on accountants who prepared his 1982 and 1983 tax returns; and (6) he believed other investors had been successfully represented by an attorney regarding the propriety of the tax treatment of their Southampton investments. Under some circumstances, a taxpayer may avoid liability for the additions to tax under section 6653(a) if reasonable reliance on a competent professional adviser is shown. Freytag v. Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011