- 21 - Commissioner, 902 F.2d 380 (5th Cir. 1990), revg. T.C. Memo. 1988-408; and Rosenthal v. Commissioner, T.C. Memo. 1995-603. Section 1.6661-6(b), Income Tax Regs., provides that: Reliance on * * * the advice of a professional (such as an appraiser, an attorney, or an accountant) would not necessarily constitute a showing of reasonable cause and good faith. * * * Reliance on * * * professional advice * * *, however, would constitute a showing of reasonable cause and good faith if, under all the circumstances, such reliance was reasonable and the taxpayer acted in good faith. * * * It is evident from the record that petitioner did not have substantial authority, and, because of the nature of the transaction (tax shelter), he is not entitled to rely on adequate disclosure to reduce any substantial understatement. Accordingly, we address whether petitioner's reliance was "reasonable" and in "good faith." The cases4 cited by petitioner apply the same standard as set forth in section 1.6661-6(b), Income Tax Regs. In each of the cases, it appears that the taxpayers relied on the advice of a tax professional who was independent and had previously assisted the taxpayer, prior to the time in question, in the acquisition and/or reporting of transactions for investment and/or tax purposes. For purposes of reporting Federal income taxes, petitioner had not relied on accountants or lawyers prior to his involvement 4 It is noted that Durrett v. Commissioner, 71 F.3d 515 (5th Cir. 1996), affg. in part and revg. in part T.C. Memo. 1994-179, involves whether good faith reliance on tax professionals is a "defense" to sec. 6621(c) and does not specifically concern a substantial understatement under sec. 6661.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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