- 11 - necessarily demonstrate reasonable cause and good faith. Sec. 1.6664-4(b)(1), Income Tax Regs. Where the taxpayer claims reliance on an accountant who prepared the return, the taxpayer must establish that the correct information was provided to the accountant and that the item incorrectly claimed or reported in the return was the result of the accountant's error. Ma-Tran Corp. v. Commissioner, 70 T.C. 158, 173 (1978); Enoch v. Commissioner, 57 T.C. 781, 803 (1972). Mr. Haymond and Mr. Strong, an experienced C.P.A., discussed the sale of the stock, and Mr. Haymond provided him with the resolution. Mr. Strong knew the commission had not been paid and that InTex used the cash method of accounting. It was not at Mr. Haymond's instruction, but rather on Mr. Strong's own initiative, that the commission was treated as part of the basis of the Bonneville Pacific stock. We find that petitioners provided Mr. Strong with sufficient information and that their reliance on Mr. Strong was reasonable and in good faith. We think that the question of includability of the commission obligation was sufficiently technical so that neither Mr. Haymond (and a fortiori, Mrs. Haymond) could have been expected to dispute Mr. Strong's treatment. See United States v. Boyle, 469 U.S. 241, 251 (1983) ("Most taxpayers are not competent to discern error in the substantive advice of an accountant or an attorney"); cf. Olsen Associates, Inc. v. UnitedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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