-63- respondent's determination that petitioners are liable for the accuracy-related penalty for 1990 and 1991 will be sustained. Mrs. Goldberg is not excused from the negligence addition to tax and penalties for 1990 and 1991 solely because of her failure to read petitioners' returns or her reliance on petitioner for the accuracy of the returns. Failure to read a return and blind reliance on another for the accuracy of a return are not sufficient bases to avoid liability for negligence. See Bollaci v. Commissioner, T.C. Memo. 1991-108 (citing Bagur v. Commissioner, 66 T.C. 817, 823-824 (1976), remanded on other grounds 603 F.2d 491 (5th Cir. 1979)). Taxpayers have a duty to read a return and to make sure all items are included. Magill v. Commissioner, 70 T.C. 465, 479-480 (1978), affd. 651 F.2d 1233 (6th Cir. 1981) (citing Bailey v. Commissioner, 21 T.C. 678, 687 (1954)). To reflect the foregoing and the concessions by the parties, Decision will be entered under Rule 155.Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63
Last modified: May 25, 2011