Maude G. Furman, Donor, Deceased, and Estate of Maude G. Furman, Deceased, Robert G. Furman, Executor - Page 52

                                       - 52 -                                         
          viewed as the equivalent of a deficiency.  Sec. 6653(c)(1).  For            
          purposes of section 6653(a), negligence is defined as a lack of             
          due care or failure to do what a reasonable and ordinarily                  
          prudent person would do under the circumstances.  Marcello v.               
          Commissioner, 380 F.2d 499, 506 (5th Cir. 1967), affg. on this              
          issue 43 T.C. 168 (1964) and T.C. Memo. 1963-66; Elliott v.                 
          Commissioner, 90 T.C. 960, 974 (1988), affd. without published              
          opinion 899 F.2d 18 (9th Cir. 1990); Larotonda v. Commissioner,             
          89 T.C. 287, 292-293 (1987); Neely v. Commissioner, 85 T.C. 934,            
          947-948 (1985); Bixby v. Commissioner, 58 T.C. 757, 791-792                 
          (1972).  Petitioners bear the burden of proving that the                    
          additions to tax determined by respondent should not be applied.            
          Pollard v. Commissioner, 786 F.2d 1063 (11th Cir. 1986), affg.              
          T.C. Memo. 1984-536; Luman v. Commissioner, 79 T.C. 846, 860-861            
          (1982); Axelrod v. Commissioner, 56 T.C. 248, 258 (1971).                   
               For the same reasons that we have found that decedents had             
          reasonable cause for their failures to file gift tax returns, we            
          do not find them to have been negligent by reason of having                 
          underpaid their gift taxes.  In light of the qualifications and             
          expertise of Mr. Tishler, FIC's attorney, and Mr. Shillington,              
          FIC's accountant, we think that decedents acted reasonably in               
          relying on their opinions.  Finally, although the advice rendered           
          to decedents by Messrs. Tishler and Shillington has proven to be            
          erroneous, we do not think, in light of the uncertainty                     
          associated with valuation, that their determination of fair                 




Page:  Previous  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  Next

Last modified: May 25, 2011