- 21 - Henry Schwartz Corp. v. Commissioner, 60 T.C. 728, 740 (1973); see also Turner v. Commissioner, T.C. Memo. 1995-363 (“When considering the negligence addition, we evaluate the particular facts of each case, judging the relative sophistication of the taxpayers as well as the manner in which the taxpayers approached their investment.”). The determination of negligence is highly factual. Respondent determined that petitioner is liable for negligence under section 6653(a)(1) and (2) with respect to the underpayment of tax attributable to petitioner’s investment in SAB Foam. Respondent’s determination of negligence is presumed correct, and petitioner has the burden of proving that he was not negligent. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); see also Addington v. Commissioner, supra; Goldman v. Commissioner, 39 F.3d 402, 407 (2d Cir. 1994), affg. T.C. Memo. 1993-480; Luman v. Commissioner, 79 T.C. 846, 860-861 (1982); Bixby v. Commissioner, 58 T.C. 757, 791-792 (1972).9 A taxpayer may avoid liability for negligence under section 6653(a)(1) and (2) if he or she reasonably relied on competent professional advice. United States v. Boyle, 469 U.S. 241, 250- 9 Cf. sec. 7491(c), which places the burden of production on the Commissioner with respect to a taxpayer’s liability for penalties and additions to tax. Sec. 7491(c) is effective for court proceedings arising in connection with examinations commencing after July 22, 1998. Petitioner does not contend, nor is there evidence, that the examination commenced after July 22, 1998, or that sec. 7491(c) is applicable in this case.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011