Royal and Shelly Spence Wiley - Page 12




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          misunderstanding of fact or law that is reasonable in light of              
          all of the facts and circumstances, including the experience,               
          knowledge, and education of the taxpayer."  Moreover, a taxpayer            
          is generally charged with knowledge of the law.  Niedringhaus v.            
          Commissioner, 99 T.C. 202, 222 (1992).  Although a taxpayer is              
          not subject to the addition to tax for negligence where the                 
          taxpayer makes honest mistakes in complex matters, the taxpayer             
          must take reasonable steps to determine the law and to comply               
          with it.  Id.                                                               
               Under certain circumstances, a taxpayer may avoid the                  
          accuracy-related penalty for negligence where the taxpayer                  
          reasonably relied on the advice of a competent professional.                
          Sec. 1.6664-4(b)(1), Income Tax Regs.; see sec. 6664(c); Freytag            
          v. Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011               
          (5th Cir. 1990), affd. 501 U.S. 868 (1991).  Reliance on a                  
          professional adviser, standing alone, is not an absolute defense            
          to negligence; it is only one factor to be considered.  In order            
          for reliance on a professional adviser to relieve a taxpayer from           
          the negligence penalty, the taxpayer must establish that the                
          professional adviser on whom he or she relied had the expertise             
          and knowledge of the relevant facts to provide informed advice on           
          the subject matter.  Freytag v. Commissioner, supra at 888.                 
               Petitioners made no effort to ascertain the professional               
          background and qualifications of their return preparer.  They               





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