- 20 - to negligence but rather a factor to be taken into consideration. In order for reliance on professional advice to excuse a taxpayer from the additions to tax for negligence, the taxpayer must show that the professional had the expertise and knowledge of the pertinent facts to provide valuable and dependable advice on the matter at hand. Goldman v. Commissioner, 39 F.3d 402, 408 (2d Cir. 1994), affg. T.C. Memo. 1993-480; Freytag v. Commissioner, supra; Kozlowski v. Commissioner, T.C. Memo. 1993-430, affd. without published opinion 70 F.3d 1279 (9th Cir. 1995). There were three taxpayers before this Court in Cramer v. Commissioner, 101 T.C. 225 (1993). Two of the taxpayers claimed millions of dollars’ worth of basis for their options, and the third reported his sale of the options as a straightforward sale of stock. We found in Cramer that the options, when granted, did not possess a readily ascertainable fair market value. The taxpayers in Cramer filed section 83(b) elections while knowing that the options did not have fair market values of zero. Finally, they knew at the time they filed their 1982 Federal income tax returns that their position was subject to being challenged. Consequently, we held that the taxpayers in Cramer were subject to the additions to tax for negligence in part because they signed 1982 returns that they knew, at the time, contained material misrepresentations. The Court of Appeals for the Ninth Circuit affirmed the imposition of the negligence addition. 64 F.3d at 1414-1415.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011