Edward and Ruth Kelly - Page 7

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           Auerbach, an experienced tax professional, as well as petitioner,                          
           accepted the accuracy of Mr. Kelly's representation that                                   
           registration as an options principal qualified him to do business                          
           as an options dealer.  This led the Court to conclude that Mr.                             
           Kelly's representation did not constitute such a substantial                               
           deviation from ordinary behavior that it could not be ascribed to                          
           an honest misunderstanding or simple carelessness.                                         
                  There is no inconsistency in the Court's also finding that                          
           petitioners were liable for the additions to tax pursuant to                               
           section 6653.  Any part of an underpayment attributable to a                               
           position taken by the taxpayer in reasonable, bona fide reliance                           
           upon professional tax advice is not attributable to negligence.                            
           Ewing v. Commissioner, 91 T.C. 396, 423-424 (1988), affd. without                          
           published opinion 940 F.2d 1534 (9th Cir. 1991).  In order to                              
           prove reasonable reliance on an accountant, the taxpayer must                              
           demonstrate that he supplied his adviser with complete and                                 
           accurate information.  Pessin v. Commissioner, 59 T.C. 473, 489                            
           1972); Enoch v. Commissioner, 57 T.C. 781, 803 (1972); Gill v.                             
           Commissioner, T.C. Memo. 1994-92, affd. without published opinion                          
           76 F.3d 378 (6th Cir. 1996).  The Court found that Mr. Kelly did                           
           not show that his status as a registered options principal in                              
           fact entitled him to open his own office and deal in options.                              
           Thus he simply did not satisfy his burden of showing that he                               
           provided his accountant with complete and accurate information on                          
           this material point.  This finding is not inconsistent with the                            



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