- 9 - 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 taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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