- 25 -- 25 - Petitioners contend that they had reasonable cause to take the position on their return that their police dog training business was not incorporated in 1990. They contend that they acted in good faith and relied on Oddo. We disagree. To show good faith reliance on the advice of a competent adviser, the taxpayer must show: (1) That he or she gave the return preparer complete and accurate information, (2) that an incorrect return was a result of the preparer's mistakes, and (3) that the taxpayer believed in good faith that he or she was relying on the advice of a competent return preparer. Metra Chem Corp. v. Commissioner, 88 T.C. 654, 662 (1987); Pessin v. Commissioner, 59 T.C. 473, 489 (1972). Petitioners did not give Oddo full details or complete and accurate information about those transactions. They did not tell him that they transferred land to Rosewood Kennels, Inc., that it borrowed $500,000, and that it did business as a corporation in 1990. Thus, they are not entitled to rely on his advice. Metra Chem Corp. v. Commissioner, supra. Petitioners rely on Larotonda v. Commissioner, 89 T.C. 287 (1987). The taxpayer in Larotonda reasonably, but erroneously, assumed that an involuntary assignment of the taxpayer's Keogh account was not income. That case involved essentially a technical or legal question. In contrast, the issue here is essentially factual; i.e., whether petitioners knew that RosewoodPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011