Steve M. and Khristine Norton, et al. - Page 21




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          proof as to such issue.  Bixby v. Commissioner, 58 T.C. 757, 791            
          (1972).  See supra note 6.                                                  
               In researching the trusts before purchase, Mr. and Mrs.                
          Norton read publications from Mr. Crockett, consulted an attorney           
          who had no legal knowledge of trusts, and asked advice from their           
          sister-in-law.  Mr. and Mrs. Norton did not contact the IRS or              
          consult an attorney proficient in the area as to the legality of            
          the trusts.  A reasonable and prudent person, under the                     
          circumstances, would have researched the legality of the scheme             
          rather than rely on the word of the trust promoter.  Accordingly,           
          we hold that Mr. and Mrs. Norton are liable for the accuracy-               
          related penalties under section 6662(a).                                    
          III. Are Mr. and Mrs. Norton Liable for Additions to Tax Under              
               Section 6651(a) for Failure To File in 1994 and 1995?                  
               Respondent determined that Mr. and Mrs. Norton are liable              
          for additions to tax pursuant to section 6651(a)(1) for 1994 and            
          1995.  Section 6651(a)(1) imposes an addition to tax for failure            
          to file a return on the date prescribed (determined with regard             
          to any extension of time for filing), unless the taxpayer can               
          establish that such failure is due to reasonable cause and not              
          due to willful neglect.  The taxpayer has the burden of proving             
          that the addition is improper.  Rule 142(a); United States v.               
          Boyle, 469 U.S. 241, 245 (1985).  Mr. and Mrs. Norton offered no            
          evidence showing that their failure to file was due to reasonable           
          cause and not due to willful neglect.  Accordingly, we hold that            





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