- 585 - "inadvertently" failed to address some adjustments, this omission on his part was caused by respondent's representing "at the conclusion of the trial that all issues upon which petitioners bore the burden of proof had been addressed by petitioners (subject to certain specifically identified exceptions)." Respondent, on the other hand, contends that Kanter is liable for additions to tax under section 6653(a) because he, a knowledgeable tax attorney, was negligent, and he failed to meet his burden of proving that he acted reasonably or exercised due care. We agree with respondent. We first reject Kanter's contention that he should somehow be "excused" from liability for additions to tax under section 6653(a) with respect to those adjustments he may have "inadvertently" failed to address because of respondent's alleged statement near conclusion of the trial that Kanter had "addressed all issues" upon which he had the burden of proof. As previously discussed, we conclude that such statement was not a waiver or concession by respondent of those issues raised in the notices of deficiency. Furthermore, the Court does not believe that Kanter was misled because the Court twice advised his counsel that he was responsible for seeing that Kanter had fully addressed all issues upon which Kanter bore the burden of proof.Page: Previous 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 Next
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