Lavern Scherping - Page 9

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          what a reasonable and prudent person would do under similar                 
          circumstances."  Chakales v. Commissioner, 79 F.3d 726, 729                 
          (8th Cir. 1996), affg. T.C. Memo. 1994-408.  Petitioners argue              
          that they were not negligent because they relied on their C.P.A.,           
          Joan Noske, to prepare their returns correctly, and they were               
          innocent bystanders with respect to any inaccuracies in the                 
          returns.  That argument is not persuasive.                                  
               Petitioners colluded with Ms. Noske in fictitiously                    
          transferring their farming assets to Imperial, and they did so to           
          avoid their Federal tax liabilities.  They knew or had reason to            
          know that Ms. Noske was incorrect when she omitted the bulk of              
          their farming income from their returns.  We do not believe                 
          petitioners' testimony that they failed to understand or                    
          appreciate the returns' inaccuracies.  We sustain respondent's              
          determinations of negligence in all regards.                                
          Substantial Understatement                                                  
               Section 6661 imposes an addition to tax for substantial                
          understatement of income tax.  For additions assessed after                 
          October 21, 1986, this addition equals 25 percent of the amount             
          attributable to the substantial understatement.  Pallottini v.              
          Commissioner, 90 T.C. 498, 500-503 (1988).  An understatement is            
          substantial if it exceeds the greater of 10 percent of the tax              








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