20 the duty of filing accurate returns cannot be avoided by placing responsibility on an agent. Pritchett v. Commissioner, 63 T.C. 149, 174 (1974). As was recently pointed out by the Court of Appeals for the Fifth Circuit, reliance on a professional must be reasonable, and the professional must have the necessary information regarding the matter upon which his or her advice is given. See Chamberlain v. Commissioner, 66 F.3d 729 (5th Cir. 1995), affg. in part and revg. in part T.C. Memo. 1994-228. Stewart Goodson, the certified public accountant who prepared the returns here, testified that John Gwaltney, DRPC's accountant, told him to treat loans listed on the financial statements as coming from the bank as loans from petitioner, and that such loans were in fact from petitioner. Mr. Goodson, an agent of DRPC, thus treated the loans as loans from petitioner. In light of our finding that there was no separate loan from petitioner to the corporation, we find that petitioner's reliance on Mr. Goodson was not reasonable, as based on inaccurate information that Mr. Goodson made no effort to verify, and that appears to have been furnished to him on petitioner's instructions. See Zermeno v. Commissioner, T.C. Memo. 1991-550. Substantial Understatement Respondent determined that petitioners are liable for an addition to tax under section 6661 for substantial understatements of tax. Section 6661 provides for an addition to tax equal to 25 percent of the amount of any underpaymentPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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