- 22 - (4th Cir. 1988), affd. sub nom. Skeen v. Commissioner, 864 F.2d 93 (9th Cir. 1989), affd. without published opinion 865 F.2d 1264 (5th Cir. 1989); Pessin v. Commissioner, 59 T.C. 473, 489 (1972); sec. 6664(c)(1); sec. 1.6664-4(b)(1) and (2), Example (1), Income Tax Regs. Reliance on an adviser will not immunize the taxpayer from liability, however, where the taxpayer knew or should have known that its adviser lacked sufficient knowledge regarding the subject matter of the consultation. Patin v. Commissioner, supra; Ellwest Stereo Theaters v. Commissioner, T.C. Memo. 1995-610; sec. 1.6664-4(b)(1) and (2), Example (1), Income Tax Regs. It is undisputed that Maschmeyer relied on the advice of petitioner’s accountant, Wagner, in determining a rental for the lease of tracts A and B, and in preparing the corporate tax returns reflecting these rental payments. Respondent argues that the penalty is nevertheless appropriate because Maschmeyer did not rely on the advice of a real estate appraiser. Respondent’s argument is unwarranted on the particular facts of this case. Maschmeyer is highly knowledgeable about a business he has been engaged in for 20 years. Wagner is a C.P.A. with many years’ experience in tax return preparation and thorough familiarity with petitioner’s tax and financial situation. It was not unreasonable for Maschmeyer to believe that together they could determine an arm’s-length rent that accounted for all relevant business and financial factors. Their testimony and the exhibitsPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011