- 19 - accuracy-related penalty under section 6662(a) does not apply to any part of an underpayment if the taxpayer shows that there is reasonable cause for that part of the underpayment and that the taxpayer acted in good faith based on the facts and circumstances. Section 6664(c). Mr. French, petitioner's attorney during the negotiations with the credit union, was a trial lawyer, not a tax lawyer. Because he thought petitioner needed competent tax advice about how the settlement payments should be reported for Federal income tax purposes, he recommended that petitioner consult James L. Mohr, a certified public accountant and tax specialist with KPMG Peat Marwick. He introduced petitioner to Mr. Mohr, who was hired to advise petitioner with respect to the tax aspects of the settlement. KPMG Peat Marwick prepared petitioners' Federal income tax returns for 1988, 1989, and 1990. Petitioner consulted with Mr. Mohr and provided him with all the necessary and relevant information required for the preparation of the returns. The information was complete and accurate. Mr. Mohr did the tax research to determine the then current status of the law under section 104(a)(2). Although he thought the settlement, for the most part, was based on tort type claims that resulted in the payments' being excludable from gross income, he advised petitioner to report 25 percent of the settlement payments as taxable in an attempt to be reasonable and to avoid future problems in dealing with the issue if questioned on audit by thePage: 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