-20-
accuracy-related penalty under section 6662(a) does not apply to
any part of an underpayment if the taxpayer shows that there was
reasonable cause for that part of the underpayment and that the
taxpayer acted in good faith based on the facts and
circumstances. Sec. 6664(c)(1).
3. Reliance on Professional Advice
A taxpayer may establish that he or she had reasonable cause
for failure to file a timely return, and was not negligent under
section 6662(a), by proving that he or she reasonably relied in
good faith on the advice of a competent, independent expert or
tax professional possessed of all the information. See United
States v. Boyle, supra at 250; Leonhart v. Commissioner, 414 F.2d
749, 750 (4th Cir. 1969), affg. T.C. Memo. 1968-98; Ewing v.
Commissioner, 91 T.C. 396, 423 (1988), affd. without published
opinion 940 F.2d 1534 (9th Cir. 1991); Estate of Paxton v.
Commissioner, 86 T.C. 785, 820 (1986); Jackson v. Commissioner,
86 T.C. 492, 538-540 (1986), affd. 864 F.2d 1521 (10th Cir.
1989); Georgia Ketteman Trust v. Commissioner, 86 T.C. 91, 108
(1986). Petitioners contend that they are not liable under
section 6651(a)(1) or section 6662(a) on the grounds that Mr. and
Mrs. Fox relied on competent advice. We disagree. Mr. Fox spoke
with Giboney, Mrs. Fox's uncle who is an attorney, about possible
forms for their Oxyfresh business. Giboney said that a trust
sounded fine to him. Petitioners did not call Giboney as a
witness. We do not know his expertise. Dunn said that Mr. Fox
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