Terri L. Steffen - Page 10




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          preparer.  Additionally, we found that Mr. Bilzerian failed to              
          review the return adequately prior to signing and filing it.                
               Petitioner contends that the additions to tax for negligence           
          for 1986 should be determined separately.  Petitioner cites Reser           
          v. Commissioner, 112 F.3d 1258 (5th Cir. 1997), affg. in part and           
          revg. in part T.C. Memo. 1995-572, to support her contention.  In           
          that case, the Tax Court originally held that jointly filing                
          taxpayers had not reasonably relied on their tax return                     
          preparers; thus, they were liable for the additions to tax for              
          negligence.  Reser v. Commissioner, T.C. Memo. 1995-572.  The               
          wife appealed; however, the husband did not.  The Court of                  
          Appeals for the Fifth Circuit concluded that the wife had acted             
          reasonably in relying on the return preparers and that she was              
          not liable for the additions to tax for negligence.  Reser v.               
          Commissioner, 112 F.3d at 1271.                                             
               We find Reser v. Commissioner, supra, distinguishable                  
          because the husband in that case was not a party on appeal, and             
          the Court of Appeals did not analyze whether the additions to tax           
          for negligence should be determined separately in the case of               
          spouses who file joint returns.                                             
               If a joint return is filed, the liability with respect to              
          the tax is normally joint and several.  Sec. 6013(d)(3); Gordon             
          v. United States, 757 F.2d 1157, 1160 (11th Cir. 1985); Hedrick             
          v. Commissioner, 63 T.C. 395, 403-404 (1974).  For 1986, the                






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