- 24 - can Properties, Inc. v. Commissioner, 28 T.C. 1100, 1116-1117 (1957), affd. per curiam 262 F.2d 150 (9th Cir. 1958). Reliance on a professional adviser, standing alone, is not an absolute defense to negligence; it is only one factor to be considered. Freytag v. Commissioner, supra at 888. In order for reliance on a professional adviser to excuse a taxpayer from the accuracy- related penalty for negligence, the taxpayer must establish that the professional adviser on whom he or she relied had the exper- tise and knowledge of the relevant facts to provide informed advice on the subject matter. See id. Contrary to petitioners' contention that they have shown that they "took great care in keeping records", we have found that there is no evidence in the record to establish (1) when any documents that are part of the record and that are, or purport to be, petitioners' records were prepared and (2) whether any such documents are complete and accurate. With respect to petition- ers' contention that they have shown that all of the deductions that respondent disallowed in the notice are "legal, justified, and proven", we have found that they have not established that they are entitled to those deductions. With respect to any contention by petitioners that they should not be liable under section 6662(a) because they relied on Mr. Grenville-Jones, who prepared their 1993 return (as well asPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011