ASAT, Inc. - Page 46

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          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 the                




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