Catherine Chimblo and Estate of Gus Chimblo, Deceased, Catherine Chimblo, Executrix - Page 11

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            However, the tax opinion that Mr. Santella purportedly relied                                
            upon is not in the record for our consideration.  No testimony                               
            was offered by petitioners from any individual, including Mr.                                
            Santella's son, the successor to the Chimblo accounts, to                                    
            establish Mr. Santella's competence to render advice with respect                            
            to the tax consequences of petitioners' investments.                                         
                  We conclude that petitioners were negligent because their                              
            reliance on Mr. Santella was not reasonable under the                                        
            circumstances.  They did not prove that he was competent to                                  
            render advice concerning the business merits or tax consequences                             
            of the investments, or that he reasonably relied upon competent                              
            professional advice in rendering his own advice.  Accordingly, we                            
            hold that petitioners are liable for the section 6653(a)                                     
            additions to tax as determined by respondent except for the                                  
            6653(a)(2) additions to tax for 1980 discussed supra.                                        
                  The third issue for decision is whether petitioners are                                
            liable for the section 6661 additions to tax for substantial                                 
            understatements of income tax for 1983 and 1984.  For purposes of                            
            this issue, all references to petitioners hereinafter are to                                 
            Catherine Chimblo and the estate of Gus Chimblo.                                             
                  Section 6661(a) provides for an addition to tax if there is                            
            a substantial understatement of income tax for the taxable year.                             
            In the case of additions to tax assessed after October 21, 1986,                             
            the amount of the addition to tax is equal to 25 percent of the                              
            amount of any underpayment attributable to such understatement.                              




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