ASAT, Inc. - Page 45

                                       - 45 -                                         
          facts and circumstances.  Sec. 1.6664-4(b)(1), Income Tax Regs.             
          The most important factor is the extent of the taxpayer's effort            
          to assess his or her proper tax liability.  Id.                             
               Reliance on a return preparer, however, may relieve a                  
          taxpayer from the addition to tax for negligence where the                  
          taxpayer's reliance is reasonable.  Freytag v. Commissioner, 89             
          T.C. 849, 888 (1987), affd. 904 F.2d 1011 (5th Cir. 1990), affd.            
          501 U.S. 868 (1991).  A taxpayer, however, is not relieved from             
          liability for the addition to tax for negligence merely by                  
          shifting the responsibility to a tax professional.  Enoch v.                
          Commissioner, 57 T.C. 781, 802 (1972).  Reliance on an expert is            
          not an absolute defense but is a factor to be considered.                   
          Freytag v. Commissioner, supra at 888.  A taxpayer's reliance               
          must be in good faith and demonstrably reasonable.  Ewing v.                
          Commissioner, 91 T.C. 396, 423 (1988), affd. without published              
          opinion 940 F.2d 1534 (9th Cir. 1991); Freytag v. Commissioner,             
          supra at 888-889.  In such a case, a taxpayer will be entitled to           
          rely upon an expert's advice, even if the advice should prove to            
          be erroneous.  Jackson v. Commissioner, 86 T.C. 492, 539 (1986),            
          affd. on other issues 864 F.2d 1521 (10th Cir. 1989); Brown v.              
          Commissioner, 47 T.C. 399, 410 (1967), affd. per curiam 398 F.2d            
          832 (6th Cir. 1968).                                                        
               The ultimate responsibility for a correct return lies with             
          the taxpayer, who must furnish the necessary information to the             
          agent who prepared the return.  Enoch v. Commissioner, supra at             




Page:  Previous  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  Next

Last modified: May 25, 2011