Albert J. Henry - Page 23

                                       - 23 -                                         

          accountant.  In other words, petitioners failed to provide their            
          accountant with sufficient information to render a fully informed           
          opinion concerning the relevant facts and law.  See United States           
          v. Boyle, supra; Freytag v. Commissioner, supra.  Moreover, blind           
          reliance on another for the accuracy of a return is generally               
          insufficient to avoid liability for negligence additions to tax.            
          See Bailey v. Commissioner, 21 T.C. 678, 687 (1954).  Here, it              
          was not reasonable to rely on Douglas’ conclusion because he was            
          not fully informed by petitioners.                                          
               Henry contends that he reasonably believed that the stock              
          option proceeds were long-term capital gain, for the following              
          reasons:  (1) Because of IMED's section 83(b) program; (2) the              
          fair market value of the stock options was entered as zero in the           
          election that Henry signed; (3) IMED provided Henry with a letter           
          that stated that the election "is necessary to provide for                  
          capital gain treatment upon ultimate stock sale"; (4) Hendrickson           
          informed Henry that the election was necessary to obtain long-              
          term capital gain treatment; (5) Henry was informed that the                
          option proceeds were long-term capital gain by both Cramer and              
          Monaghan; (6) subsequent to IMED's sale, Henry did not possess              
          Forms W-2 or 1099 that reflected the stock option proceeds as               
          income.                                                                     
               Although there were many self-serving assertions that                  
          capital gains were the proper treatment, the record supports our            
          finding that petitioners were aware that the stock option                   



Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011