Arnold P. Mordkin and Cindy Mordkin - Page 58

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          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.                                                             




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