- 69 - the addition is 10 percent of the underpayment in cases where the delinquency persists for more than 15 days. Petitioners argue that they are not liable for any of the penalties and additions to tax because they reasonably relied on the advice of competent tax experts. If a taxpayer reasonably relies in good faith upon the advice of a competent tax professional in the preparation of the taxpayer's return, the penalties and additions to tax such as those in issue in the instant case may be inapplicable. See United States v. Boyle, 469 U.S. 241, 250-251 (1985) (failure to file); Vorsheck v. Commissioner, 933 F.2d 757, 759 (9th Cir. 1991) (substantial understatement); Weis v. Commissioner, 94 T.C. 473, 487 (1990) (negligence); Housden v. Commissioner, T.C. Memo. 1992-91 (failure to make deposit of taxes). The individual petitioners were Canadian citizens unfamiliar with the U.S. tax system. They sought assistance from a certified public accountant in the United States in order to comply with the provisions of the Internal Revenue Code. The accountant for the individual petitioners and Powertex, Ronald R. Plante, a C.P.A. with Peat Marwick, testified as to his role in the preparation of petitioners' tax returns. Mr. Plante had a longstanding professional association with Powertex and the individualPage: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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