Beatrice DiPierro - Page 17




                                       - 17 -                                         

          person under like circumstances.  See Neely v. Commissioner,                
          85 T.C. 934, 947 (1985).  In the petition, petitioner assigns               
          error to respondent’s determination of section 6662 penalties               
          with respect to the cash transactions.  However, petitioner does            
          not aver any specific facts in support of her assignment of                 
          error.  On brief, petitioner claims that she relied on her                  
          accountant properly to prepare her Federal income tax returns for           
          1992 and 1993.                                                              
               A taxpayer acts reasonably when she provides her accountant            
          or attorney with all relevant information necessary to prepare              
          her tax return, and she relies, in good faith, on the advice of             
          her attorney or accountant regarding a matter of substantive tax            
          law.  See Jaques v. Commissioner, T.C. Memo. 1989-673, affd.                
          935 F.2d 104 (6th Cir. 1991); see also United States v. Boyle,              
          469 U.S. 241, 251 (1985).  The taxpayer, however, bears the                 
          ultimate responsibility for the correctness of her income tax               
          return, and good faith reliance on professional advice is not a             
          substitute for compliance with an unambiguous statute that                  
          requires no special training or effort to understand and apply.             
          See United States v. Boyle, supra at 251-252.  Accordingly, where           
          the taxpayer delegates the preparation of her income tax return             
          to a tax return preparer, the taxpayer has a duty to provide the            
          tax return preparer with all relevant information necessary to              
          prepare the return, see Pessin v. Commissioner, 59 T.C. 473, 489            





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