- 7 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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