Andrew J. and Marilyn Welch - Page 6




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                                       OPINION                                        
               Under section 6653(a), (a)(1), and (a)(2), an addition to              
          tax is imposed on the portion of an underpayment of tax                     
          attributable to a taxpayer’s negligence equal to 5 percent of the           
          underpayment plus 50 percent of the interest due thereon under              
          section 6601.                                                               
               Negligence is generally described as the failure to use due            
          care or to do what a reasonable and ordinarily prudent person               
          would do under the circumstances.  Allen v. Commissioner, 925               
          F.2d 348, 353 (9th Cir. 1991), affg. 92 T.C. 1 (1989); Laverne v.           
          Commissioner, 94 T.C. 637, 652 (1990), affd. without published              
          opinion 956 F.2d 274 (9th Cir. 1992), affd. without published               
          opinion sub nom. Cowles v. Commissioner, 949 F.2d 401 (10th Cir.            
          1991).                                                                      
               Good faith reliance on the advice of a tax professional may            
          indicate that a taxpayer was not negligent.  Allen v.                       
          Commissioner, supra at 353-354; Collins v. Commissioner, 857 F.2d           
          1383, 1386 (9th Cir. 1988), affg. T.C. Memo. 1987-217.  Reliance            
          on the advice of a tax professional may not be reasonable where             
          the professional had no firsthand knowledge of the proposed                 
          investment and where the professional only made a cursory review            
          of the proposed investment.  Sacks v. Commissioner, 82 F.3d 918,            
          920 (9th Cir. 1996), affg. T.C. Memo. 1994-217; Collins v.                  
          Commissioner, supra at 1386.                                                





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