- 58 - cialist and that he relied on the advice of their accountant in offsetting those losses against nonpassive income. A taxpayer's duty to file an accurate return cannot be avoided by placing responsibility on an agent. Pritchett v. Commissioner, 63 T.C. 149, 174 (1974). Each taxpayer has a duty to comply with the Federal income tax laws and to become familiar with those laws. A taxpayer may avoid the imposition of the accuracy-related penalty by demonstrating that he or she relied on the advice of a tax professional and that such reliance was reasonable and in good faith. Sec. 1.6664-4(b)(1), Income Tax Regs. In order for reliance on the advice of a tax professional to be reasonable, the taxpayer must establish that correct information was provided to the professional and that the item incorrectly reported in the return was the result of the professional's error. See Ma-Tran Corp. v. Commissioner, 70 T.C. 158, 173 (1978). The taxpayer must also prove that a reasonable person would have relied upon the advice provided. See Illes v. Commissioner, 982 F.2d 163, 166 (6th Cir. 1992), affg. per curiam T.C. Memo. 1991-449. Petitioners failed to call their accountant as a witness to explain what information petitioners may have provided him or what advice he may have given them regarding the use of losses 28(...continued) the accuracy-related penalties for 1989 and 1990 only to the extent that they relate to their having used the reported losses from petitioner's rental activity at Crestwood to offset non- passive income.Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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