United Circuits, Inc. - Page 11

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          and negligence penalties in section 6662(a) and (b).  Section               
          1.6664-4, Income Tax Regs., states:                                         
               Reasonable cause and good faith exception to section                   
               6662 penalties.--(a) In general.  No penalty may be                    
               imposed under section 6662 with respect to an portion                  
               of an underpayment upon a showing by the taxpayer that                 
               there was reasonable cause for, and the taxpayer acted                 
               in good faith with respect to, such portion.  * * *                    
                    (b) Facts and circumstances taken into account.--                 
               (1) In general.  The determination of whether a                        
               taxpayer acted with reasonable cause and in good faith                 
               is made on a case-by-case basis, taking into account                   
               all pertinent facts and circumstances.  The most                       
               important factor is the extent of the taxpayer's effort                
               to assess the taxpayer's proper liability.  * * *                      
               Reliance on * * * the advice of a professional (such as                
               an appraiser, attorney or accountant) does not                         
               necessarily demonstrate reasonable cause and good                      
               faith.  Similarly, reasonable cause and good faith is                  
               not necessarily indicated by reliance on facts that,                   
               unknown to the taxpayer, are incorrect.  * * *                         
               As a general rule, the responsibility of filing an accurate            
          return cannot be shifted by the taxpayer to a return preparer.              
          Metra Chem Corp. v. Commissioner, 88 T.C. 654, 662 (1987).                  
          However, under certain circumstances, the taxpayer has been able            
          to avoid the imposition of a penalty if there was good faith                
          reliance by the taxpayer on the advice of a competent adviser.              
          Jackson v. Commissioner, 86 T.C. 492, 539-540 (1986), affd. 864             
          F.2d 1521 (10th Cir. 1989).  To show good faith reliance on the             
          advice of a competent adviser, the taxpayer must at least                   
          establish:  (1) That he or she provided the return preparer with            
          complete and accurate information; (2) that an incorrect return             
          was a result of the preparer's mistakes; and (3) that the                   





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