- 19 - tax liability. Beard v. Commissioner, T.C. Memo. 1995-41; sec. 1.6664-4(b)(1), Income Tax Regs. The record in this case amply demonstrates negligence in the preparation of petitioner's 1993 and 1994 income tax returns. For example, petitioner failed to report any rental income in 1993, and he underreported a significant percentage of rental income in 1994. However, the fact remains that petitioner's 1993 and 1994 income tax returns were prepared by a commercial service. We therefore, analyze whether this fact relieves petitioner from liability, in whole or in part, for any penalty. As a general rule, the duty of filing accurate tax returns cannot be avoided by placing responsibility on an agent. Metra Chem Corp. v. Commissioner, 88 T.C. 654, 662 (1987); Pritchett v. Commissioner, 63 T.C. 149, 174 (1974). However, a taxpayer may avoid the accuracy-related penalty by showing that his reliance on the advice of a professional, such as a commercial return preparer, was reasonable and in good faith. Sec. 1.6664-4(b)(1), Income Tax Regs. Specifically, the taxpayer must establish that complete and correct information was provided to the return preparer and that the item incorrectly claimed or reported on the return was the result of the preparer's error. See Ma-Tran Corp. v. Commissioner, 70 T.C. 158, 173 (1978). A taxpayer's reliance on the advice of a preparer is not reasonable or in good faith where a cursory review of the taxpayer's return would reveal an omission from income. Metra Chem Corp. v. Commissioner, supra.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011