Orneal and Martha Kooyers, et al. - Page 39

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          circumstances.  Neely v. Commissioner, 85 T.C. 934, 947 (1985).             
          The term “disregard” includes “any careless, reckless, or                   
          intentional disregard.”  Sec. 6662(c).  Disregard of rules or               
          regulations is careless if the taxpayer does not exercise                   
          reasonable diligence to determine the correctness of a return               
          position that is contrary to the rule or regulation.                        
               Respondent has the burden of production under section                  
          7491(c), but petitioners have the burden of proof.  See Higbee v.           
          Commissioner, 116 T.C. 438, 446-447 (2001).  Respondent must come           
          forward with sufficient evidence that it is appropriate to impose           
          the penalty.  See id.                                                       
               After attending the NTS seminars on investments and the use            
          of “complex” trusts, petitioners believed NTS’s representations             
          that once they had conveyed their personal assets, including                
          lifetime services, to the OMK trusts, they could assign their               
          income from P.I. Ministries to the OMK trusts and deduct personal           
          expenses.  They also believed Little’s promises of extraordinary            
          returns on their investments.  Unfortunately, petitioners never             
          sought independent legal or tax advice before or after creating             
          the OMK trusts pursuant to the trust scheme NTS promoted.  A                
          competent independent tax adviser would have warned petitioners             
          that the scheme would not survive scrutiny by the Internal                  
          Revenue Service or the courts.  This trust scheme was without               
          economic substance, was an anticipatory assignment of income, and           






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