- 6 - Respondent’s determination is presumed correct, and petitioners have the burden of proving otherwise. See Rule 142(a); Hall v. Commissioner, 729 F.2d 632, 635 (9th Cir. 1984), affg. T.C. Memo. 1982-337; Neely v. Commissioner, supra at 947; Bixby v. Commissioner, 58 T.C. 757, 791-792 (1972). Petitioners’ contention that they are not liable for the section 6662(a) penalty is rooted in section 6664(c)(1), which provides, in pertinent part, that the section 6662(a) penalty shall not be imposed with respect to any portion of an underpayment if a taxpayer shows that there was a reasonable cause for such portion and that the taxpayer acted in good faith with respect to such portion. Generally, the responsibility to file returns and pay tax when due rests upon the taxpayer and cannot be delegated; the taxpayer must bear the consequences of any negligent errors committed by his or her agent. See Pritchett v. Commissioner, 63 T.C. 149, 173-175 (1974); American Properties, Inc. v. Commissioner, 28 T.C. 1100, 1116-1117 (1957), affd. 262 F.2d 150 (9th Cir. 1958). An exception to this rule arises when a taxpayer selects a competent tax adviser, supplies the adviser with all relevant information, and, consistent with ordinary business care and prudence, relies on the adviser’s professional judgment as to the taxpayer’s tax obligations. See sec. 6664(c); United States v. Boyle, 469 U.S. 241, 250-251 (1985); Estate ofPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011