- 28 - under section 6653(a)(1)(B) for 1987. Under section 6653(a)(1)(B), an addition to tax (equal to 50 percent of the interest payable under section 6601) is imposed with respect to the portion of the underpayment attributable to negligence. Respondent determined that the entire 1987 underpayment resulting from petitioner's improper deduction was attributable to negligence on petitioner's part. Negligence has been defined as the failure to do what a reasonable and ordinarily prudent person would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). Respondent's determinations are presumed correct, and petitioner bears the burden of proving otherwise. Rule 142(a); Luman v. Commissioner, 79 T.C. 846, 860-861 (1982). However, reasonable reliance upon expert opinion, asserted in good faith, can shield a taxpayer from section 6653(a) additions. United States v. Boyle, 469 U.S. 241, 250 (1985); Collins v. Commissioner, 857 F.2d 1383, 1386 (9th Cir. 1988), affg. T.C. Memo. 1987-217. We find that petitioner reasonably relied upon the expert opinion of Mr. Handverger when claiming the charitable deduction in issue, and, therefore, he is not liable for additions or an accuracy-related penalty. Mr. Handverger was and remains a licensed real estate appraiser in the Commonwealth. His valuation report on the Property is detailed and complete. In addition, petitioner previously received a bona fide offer to purchase the Property for $10 million plus 20 percent of thePage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011