- 4 - least three knowledgeable people, two of whom were C.P.A.'s and one of whom was a former Internal Revenue Service (IRS) agent. Petitioner claims that each of these individuals told him to lie about certain aspects of his return. For instance, at trial he claimed, contrary to the stipulation of settled issues, that the funds he expended in gambling were not receipts from his business but an inheritance from his father. This was the first time petitioner had raised this claim, and we held him to his stipulation, which he had agreed to while represented by a C.P.A. and with full knowledge and acquiescence. Rule 91(e) provides: A stipulation shall be treated, to the extent of its terms, as a conclusive admission by the parties to the stipulation * * *. The Court will not permit a party to a stipulation to qualify, change, or contradict a stipulation in whole or in part, except that it may do so where justice requires. * * * To allow petitioner at this late date to contradict his stipulation, without any warning or advance notice to respondent or to the Court, would be highly prejudicial to respondent, and we exercise our discretion to hold petitioner to his stipulation. Petitioner also claimed that he questioned his return preparer about showing a loss from his Schedule C business, because he knew at the time he filed his petition that the business had made money. However, he signed the return as it was because, according to him, the preparer told him the IRS would not audit the return. Section 6662(a) imposes a 20-percent addition on the amount of underpayment due to negligence or disregard of rules and regulations. "Negligence" includes any failure to make a reasonable attempt to comply with the provisions of the internal revenue laws or to exercise ordinary and reasonable care in the preparation of a tax return. Sec. 1.6662-3(b), Income Tax Regs. Negligence also includes any failure by the taxpayer to keep adequate books and records or to substantiate items properly. Marcello v. Commissioner, 380 F.2d 499 (5th Cir. 1967), affg. in part and remanding inPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011