- 23 - issued a Notice of Sufficiency to GCI in accordance with its first application. The most important factor in determining whether petitioner acted in a reasonable manner and in good faith is the extent to which he attempted to determine his proper income tax liability. Mailman v. Commissioner, supra at 1084. Reliance on the advice of professionals is tantamount to acting in a reasonable manner if “under all the circumstances, such reliance [is] reasonable and the taxpayer acted in good faith.” Sec. 1.6661-6(b), Income Tax Regs.; see also Vorsheck v. Commissioner, 933 F.2d 757, 759 (9th Cir. 1991); Shelton v. Commissioner, 105 T.C. 114, 125 (1995); Nestle Holdings, Inc. v. Commissioner, supra. On the basis of these facts, we find that petitioner did act as an ordinarily prudent person in the circumstances. Accordingly, his reliance on the advice of his hired professionals was reasonable and in good faith. Therefore, we hold that respondent abused her discretion by failing to waive this penalty. Accordingly, we hold that petitioner is not liable for the section 6661 addition to tax. See, e.g., Nestle Holdings, Inc. v. Commissioner, supra (holding that it was unreasonable in that case to penalize a taxpayer for relying on the advice of a professional or for not prevailing in this Court). Citing Reinke v. Commissioner, 46 F.3d 760, 765 (8th Cir. 1995), affg. T.C. Memo. 1993-197, respondent argues thatPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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