Andrew J. and Marilyn Welch - Page 7




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               The Court of Appeals for the Ninth Circuit has stated that             
          whether a taxpayer is to be treated as negligent under section              
          6653(a), (a)(1), and (a)(2), may be affected by “the legitimacy             
          of the underlying investment”.  Sacks v. Commissioner, supra at             
          920.                                                                        
               Respondent’s determination of the negligence addition to tax           
          is presumptively correct, and the burden is on the taxpayer to              
          prove that the taxpayer’s underpayment of tax was not due to                
          negligence.  Allen v. Commissioner, supra at 353; Laverne v.                
          Commissioner, supra at 652.                                                 
               On the facts of this case, we conclude that petitioners did            
          not exercise due care and were negligent in making an investment            
          in Blythe II.  Petitioners did not adequately consider the risks            
          associated with an investment in Blythe II.  Petitioners did not            
          inspect the land which was to be used by the partnership.                   
          Petitioners did not confer with experts in any credible manner              
          with regard to the investment.  The review of the investment by             
          petitioners’ tax accountant was so superficial as to be                     
          worthless.                                                                  
               Aspects of petitioner’s testimony are suspect.  Dates are              
          missing from documents.  Third parties who purportedly advised              
          petitioner did not testify.                                                 
               The lack of legitimacy of the underlying activity relating             
          to the Blythe II partnership is indicated by our opinion in                 






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