Timothy E. Butler - Page 19

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          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.             




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