William J. Goeden and Carol S. Goeden - Page 19

                                       - 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 the            



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