- 25 - Commissioner, 85 T.C. 731, 743 (1985). Petitioner has not shown that he is entitled to a basis in any of the automobiles in issue in excess of that determined by respondent. Respondent also determined that petitioner is liable for an addition to tax for negligence or intentional disregard of rules or regulations. Section 6653(a)(1)(A) imposes an addition to tax equal to 5 percent of the entire underpayment if any part of the underpayment is due to negligence. Section 6653(a)(1)(B) imposes an addition to tax equal to 50 percent of the interest payable under section 6601 with respect to the portion of the underpayment that is due to negligence. This Court has defined negligence as a lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances. McGee v. Commissioner, 979 F.2d 66, 71 (5th Cir. 1992), affg. T.C. Memo. 1991-510; Neely v. Commissioner, 85 T.C. 934, 947 (1985). We have declined to sustain additions to tax for negligence where taxpayers have relied reasonably and in good faith on the advice of tax experts. Metra Chem Corp. v. Commissioner, 88 T.C. 654, 662 (1987); Weis v. Commissioner, 94 T.C. 473, 487 (1990). To demonstrate such good faith reliance, taxpayers must establish that they supplied their return preparer with all necessary information, and the incorrect return was a result of the preparer's mistakes. Weis v. Commissioner, supra at 487; Pessin v. Commissioner, 59 T.C. 473, 489 (1972). Respondent'sPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011