- 12 - taxpayer believed in good faith that he was relying on the advice of a competent return preparer. Metra Chem Corp. v. Commissioner, supra. Petitioner relies on section 1.6664-4(b)(2), Example (l), Income Tax Regs., to establish good faith reliance: A, an individual calendar year taxpayer, engages B, a tax professional, to give him advice concerning the deductibility of certain state and local taxes. A provides B with full details concerning the taxes at issue. B advises A that the taxes are fully deductible. A, in preparing his own tax return, claims a deduction for the taxes. Under these facts, A is considered to have demonstrated good faith by seeking the advice of a tax professional, and to have shown reasonable cause for any underpayment attributable to the deduction claimed for the taxes. However, if A had sought advice from someone that he knew, or should have known, lacked knowledge in federal income taxation, A would not be considered to have shown reasonable cause or to have acted in good faith. Petitioner argues that it is not liable for the penalty because the facts in the instant case are the same as the facts in the example. Petitioner's argument, however, is contradicted by the evidence. Jump did not provide Northcutt with full details or complete and accurate information concerning the transactions in issue. Northcutt testified that she did not see the agreements for the equipment acquisitions entered into by UCI. In addition, Jump relied on Northcutt for “accounting” advice rather than for “tax” advice. Jump testified: Q In giving it [the question about the leases] to her, did you anticipate she would render tax advice?Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011