James P. De Ocampo and Marla L. De Ocampo - Page 11

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          an underpayment if there was reasonable cause for such portion and          
          the taxpayer acted in good faith.  Sec. 6664(c)(1).  Such a                 
          determination is made by taking into account all facts and                  
          circumstances, including the experience, knowledge, and education           
          of the taxpayer and reliance on a professional tax adviser.  Sec.           
          1.6664-4(b)(1), Income Tax Regs.                                            
               With regard to the instant case, petitioners' real estate              
          agent suggested that Mr. De Ocampo's parents purchase the Montclair         
          property and obtain a mortgage because petitioners had credit               
          problems.  Petitioners informed their tax return preparer that they         
          did not hold title to the Montclair property.  They relied on the           
          preparer to properly report the transaction, and indeed the                 
          transaction was reported on Form 2119.  Petitioners made mortgage,          
          insurance, and tax payments on the Montclair property, as though            
          they were the owners.  Under the facts and circumstances presented          
          herein, we believe that petitioners acted in good faith and with            
          reasonable cause in reporting the transaction.  We therefore hold           
          that petitioners are not liable for the accuracy-related penalty.           
               To reflect the foregoing,                                              


                                                  Decision will be entered            
                                             for respondent as to the                 
                                             deficiency, and for petitioners          
                                             as to the accuracy-related               
                                             penalty under section 6662(a).           




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Last modified: May 25, 2011