Philippe and Nadine Grelsamer - Page 35

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          and fully disclosed what he had done.  The question here is                 
          whether petitioners, themselves technologically proficient and              
          financially successful, actually and reasonably relied on the               
          accountant with respect to valuation problems requiring expertise           
          in engineering and plastics technology, or whether the accountant           
          gave the tax advice and facilitated the transaction, but did not            
          make a full and independent investigation of the relevant                   
          business and technology, and did clearly inform his clients of              
          the limits of his knowledge and investigation of the transaction.           
          For reasons set forth below, we believe the latter statement more           
          accurately describes what happened here.                                    
                    a.  The Circumstances Under Which a Taxpayer May Avoid            
                    Liability Under Section 6653(a)(1) and (2) Because of             
               Reasonable Reliance on Competent and Fully Informed                    
          Professional Advice                                                         
               A taxpayer may avoid liability for the additions to tax under          
          the provisions of section 6653(a) if he or she reasonably relied on         
          competent professional advice.  United States v. Boyle, 469 U.S.            
          241, 250-251 (1985); Freytag v. Commissioner, 89 T.C. 849, 888              
          (1987), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S. 868             
          (1991).  Reliance on professional advice, standing alone, is not an         
          absolute defense to negligence, but rather a factor to be                   
          considered.  For reliance on professional advice to excuse a                
          taxpayer from the negligence additions to tax, the taxpayer must            
          show that such professional had the expertise and knowledge of the          
          pertinent facts to provide informed advice on the subject matter.           





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