Joseph R. Rollins - Page 33

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               The relevant legal analysis about the application of section           
          6651(a)(1) to failures to file returns for section 4975 taxes is            
          set forth in Janpol v. Commissioner, 102 T.C. 499 (1994), and               
          need not be repeated here.                                                  
               Relying on his own understanding of the law, petitioner                
          chose to sit “on both sides of the table in each transaction.”              
          Yamamoto v. Commissioner, 73 T.C. 946, 954 (1980), affd. 672 F.2d           
          924 (9th Cir. 1982).  Relying on his own understanding of the               
          law, petitioner did not see any need to file section 4975 tax               
          returns to report any of the transactions.  Relying again on his            
          own understanding of the law, petitioner chose to submit the                
          instant case fully stipulated without including evidence to show            
          that he did not benefit from the transactions.  In Etter v. J.              
          Pease Const. Co., Inc., 963 F.2d 1005 (7th Cir. 1992), the                  
          trustees succeeded in persuading the trial judge that they did              
          not benefit from the employee plan’s investment in the joint                
          venture.  In the instant case, petitioner failed to persuade the            
          Court that he did not benefit from the transactions.                        
               Petitioner’s good-faith belief that he was not required to             
          file tax returns does not constitute reasonable cause under                 
          section 6651(a)(1) unless bolstered by advice from competent tax            
          counsel who has been informed of all the relevant facts.  Stevens           
          Bros. Foundation, Inc. v. Commissioner, 39 T.C. 93, 133 (1962),             








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