- 27 - to do what a reasonable and ordinarily prudent person would do under the circumstances." Neely v. Commissioner, 85 T.C. 934, 947 (1985) (quoting Marcello v. Commissioner, 380 F.2d 499, 506 (5th Cir. 1967)). A taxpayer can avoid liability for the accuracy-related penalty if he engages a competent professional to prepare his return, and he reasonably relies on the advice of that professional. Freytag v. Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011, 1017 (5th Cir. 1990), affd. 501 U.S. 868 (1991). The taxpayer must show that he provided all relevant information to the professional. Pessin v. Commissioner, 59 T.C. 473, 489 (1972). Petitioner engaged Wayne Hoover, a C.P.A. with over 20 years of experience, to prepare his 1990 and 1991 Federal income tax returns. Petitioner was a longtime client of Mr. Hoover's and heavily relied on Mr. Hoover's advice. After discussing the facts with petitioner, Mr. Hoover advised petitioner to exclude income under section 104(a)(2) and include the contingent legal fees in his PMI stock basis. Since the burden of proof is on respondent, she must prove that petitioner failed to provide relevant information to Mr. Hoover and that petitioner's reliance on Mr. Hoover was improper. Respondent has failed to meet this burden. The penalties for 1990 and 1991 are not sustained. Decision will be entered under Rule 155.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
Last modified: May 25, 2011