Walter O. Bowen and Susan M. Bowen, et al. - Page 6




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               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 of             






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