Kevin L. and Victoria L. Hargrove, et al. - Page 16

                                        -16-                                          
          with respect to reasonable cause.  Higbee v. Commissioner, supra            
          at 446.                                                                     
               Where a taxpayer chooses a competent tax adviser and                   
          supplies him or her with all relevant information, it is                    
          consistent with ordinary business care and prudence to rely on              
          the adviser’s professional judgment as to the taxpayer’s tax                
          obligations.  United States v. Boyle, 469 U.S. 241, 250-251                 
          (1985).  The taxpayer must show that the adviser was a competent            
          professional with significant expertise to justify reliance.                
          Neonatology Associates, P.A. v. Commissioner, 115 T.C. 43, 99               
          (2000), affd. 299 F.3d 221 (3d Cir. 2002).                                  
               Petitioners failed to assert any arguments that the                    
          accuracy-related penalties should not apply.  Petitioners rested            
          instead on their argument that they were eligible for the                   
          exclusions from income under sections 119 and 912 that respondent           
          disallowed.  Specifically, petitioners did not argue and did not            
          introduce any evidence that they acted with reasonable cause or             
          in good faith with respect to the underpayments for the relevant            
          years.                                                                      
               Mr. and Mrs. Hargrove did not use a tax return preparer and            
          did not seek advice from a tax professional concerning their                
          returns for the relevant years.  While Mr. and Mrs. Breeding used           
          a tax return preparer to assist with their returns for the                  
          relevant years, they did not introduce evidence regarding the               
          preparer.  They have not shown, for example, that the preparer              
          was a competent professional with significant expertise to                  





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011