Melrel L. Stephens - Page 8

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          reasonable and prudent person would do under similar                        
          circumstances), affg. 92 T.C. 1 (1989).                                     
               Petitioner claims she was unsophisticated about tax laws,              
          and that she relied on the Preparer to prepare a proper return.             
          Although he failed to do so, petitioner concludes, her reliance             
          on him to do a proper job was consistent with ordinary business             
          care and prudence under the circumstances.   We do not agree.               
          Reasonable reliance on a tax adviser is consistent with ordinary            
          business care and prudence only in certain cases.  In those                 
          cases, the taxpayer must establish that: (1) The adviser had                
          sufficient expertise to justify reliance, (2) the taxpayer                  
          provided necessary and accurate information to the adviser, and             
          (3) the taxpayer actually relied in good faith on the adviser's             
          judgment.  See, e.g., Ellwest Stereo Theatres, Inc. v.                      
          Commissioner, T.C. Memo. 1995-610.  We are unable to find in the            
          record that petitioner met any of these requirements; i.e.,                 
          (1) We know nothing about the preparer or his firm, (2) we are              
          unable to find that petitioner provided necessary and accurate              
          information to the Preparer, and (3) the record indicates that              
          petitioner did not actually rely in good faith on the Preparer's            
          judgment.  We conclude that petitioner did not exercise due care,           
          and that she failed to do what a reasonable and ordinarily                  
          prudent person would have done under the circumstances.  We hold            
          for respondent on this issue.                                               






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