- 39 - 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, andPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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