Stephen D. Podd - Page 69

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          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 individual                   









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