- 46 - 802. In other words, reliance upon expert advice will not exculpate a taxpayer who supplies the return preparer with incomplete or inaccurate information. Lester Lumber Co. v. Commissioner, 14 T.C. 255, 263 (1950). In this decision, except for the consulting fee issue, among the rules or regulations to be considered for applying the negligence penalty are section 6038A and the accompanying regulations. Respondent argues that petitioner did not keep the records required by section 6038A and did not provide an authorization of agent when repeatedly asked to do so by respondent. Respondent argues that petitioner ignored the requirements of section 6038A by not keeping records from which respondent could determine the correct tax treatment of transactions between petitioner and ASAT, Ltd., citing section 1.6038A-3(a)(1), Income Tax Regs. Respondent points out that petitioner's 1990 tax return preparer, a C.P.A. from Deloitte & Touche, informed petitioner in writing that it "noted concern" in the level of documentation and in intercompany pricing. Respondent further argues that petitioner has not introduced any evidence that it has reasonable cause for failure to comply with section 6038A. Petitioner argues that: The evidence adduced at bar demonstrates that Petitioner was not negligent. * * * Petitioner charged a 6% commission rate to ASAT, Ltd. The average commission rate is 5%. Under all thePage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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