- 10 - 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, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011