-10- Accordingly, petitioner has not carried his burden of proving reasonable reliance on a qualified tax adviser. On brief, petitioner further argues that he had reasonable cause for not filing returns because determining the proper taxpayer to report the income from the tile setting business was a complex legal issue. Even though several payors filed information returns reporting that petitioner earned self- employment income, petitioner contends that he believed Lorenzo Thomas was the proper taxpayer, given that Lorenzo Thomas performed all of the actual tile setting. In some cases taxpayers have succeeded in avoiding additions to tax by showing that the deficiency resulted from an honest and reasonable misunderstanding of complex law. Metra Chem Corp. v. Commissioner, 88 T.C. 654, 661 (1987) (no negligence for purposes of sec. 6653(a)); Yelencsics v. Commissioner, 74 T.C. 1513, 1533 (1980) (same); Belz Inv. Co. v. Commissioner, 72 T.C. 1209, 1233- 1234 (1979), affd. 661 F.2d 76 (6th Cir. 1981) (same). Petitioner's situation does not present a complex legal issue reasonably susceptible of different interpretations. Petitioner earned income from his tile setting business that he simply failed to report. Petitioner has failed to demonstrate the existence of a situation that only a very sophisticated taxpayer could reasonably be expected to comprehend. We conclude that petitioner has not shown that his failure to file returns for the years at issue was due to reasonablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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