- 25 - the experience, knowledge, and education of the taxpayer. Id. Petitioners must establish error in respondent's determination that they are liable for the penalty provided by section 6662(a). Rule 142(a); Estate of Monroe v. Commissioner, 104 T.C. 352, 366 (1995). Petitioners contend that the portion of the underpayment resulting from the deduction of legal fees is not attributable to negligence or disregard of rules or regulations. Petitioners argue that they "made a reasonable attempt to comply with the tax law and did not disregard rules or regulations", as evidenced by petitioner's belief "that the vast majority of the legal fees were incurred in connection with the embezzlement suit and were attributable to years prior to 1990", which "was supported by the testimony of Mr. Cramer". Additionally, petitioners argue that the amount of the understatement subject to the penalty should be reduced because petitioner, a certified public accountant, "researched the issues" and believed that the deductions were supported by "substantial authority". Respondent, on the other hand, argues that petitioners were negligent in claiming a deduction for attorneys' fees incurred to recover tax exempt income. Respondent contends that there is "no evidence that the attorneys' fees were paid for services rendered for any purpose other than in pursuit of the life insurance proceeds." Additionally, respondent argues that the section 6662Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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