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