- 7 - 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 inPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011