- 23 - for the purpose of this penalty. However, no penalty will apply "with respect to any portion of an underpayment if it is shown that there was a reasonable cause for such portion and that the taxpayer acted in good faith with respect to such portion." Sec. 6664(c). Respondent has determined the entire amount of petitioner's deficiency for the taxable year ended July 31, 1990, was due to negligence. Petitioner has provided no evidence of its efforts to comply with the applicable internal revenue laws other than (1) it used a bookkeeping service to prepare its Federal income tax returns, and (2) it made available its check stubs, bank statements, and other paperwork to that service. Use of an accountant alone does not constitute reasonable reliance on that professional's advice. Ma-Tran Corp. v. Commissioner, 70 T.C. 158 (1978). The taxpayer must establish that the correct information was provided to the accountant and that the items incorrectly claimed or reported in the return were the result of the accountant's error. Id. at 173; Enoch v. Commissioner, 57 T.C. 781, 803 (1972). Petitioner's deficiencies stemmed from several sources: filing separate returns for No. 2, inclusion of $88,181 of gross receipts in an incorrect taxable year, and improper depreciation and rental expense deductions. As to the improper depreciation claimed on the Chrysler New Yorker automobile and the boat each year, the excessive rental expense deductions each year, and the $88,181 gross receipts issue for 1990, petitioner has notPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011