Eleanor A. Burkes - Page 16

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               Here, Ms. Burkes' situation was very complex in that her               
          1990 reporting year contained a transitional situation where the            
          amount reportable was changing and the amounts that were or were            
          not reportable were subject to some doubt.  In this situation,              
          Ms. Burkes reasonably relied on her attorney and the accountant             
          selected for her by the attorney.  There were substantial legal             
          questions as to which of the numerous items were reportable as              
          alimony.  These circumstances made it reasonable for Ms. Burkes             
          to rely on the advice of the two professionals involved.  We                
          conclude that Ms. Burkes was therefore not negligent within the             
          meaning of section 6662 for her 1990 taxable year.                          
               On brief, Mr. Burkes did not make any argument concerning              
          respondent's determination concerning the section 6662(a)                   
          penalties.  We treat this omission as a concession that, to the             
          extent not conceded by respondent, Mr. Burkes is liable for the             
          section 6662(a) penalties as determined.                                    
               To reflect the foregoing and to account for agreements and             
          concessions of the parties,                                                 
                                             Decisions will be entered                
                                        under Rule 155.                               












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