Edward E. and Constance M. Thorpe - Page 24

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          upon an expert opinion, asserted in good faith, can shield a                
          taxpayer from penalties for negligence or disregard under section           
          6662.  Glick v. Commissioner, T.C. Memo. 1997-65; see also United           
          States v. Boyle, 469 U.S. 241, 250 (1985); Collins v.                       
          Commissioner, 857 F.2d 1383, 1386 (9th Cir. 1988), affg. Dister             
          v. Commissioner, T.C. Memo. 1987-217.  However, when a taxpayer             
          claims reliance on an accountant, the taxpayer must establish               
          that the correct information was provided to the accountant and             
          that the item was incorrectly claimed as a result of the                    
          accountant's error.  Ma-Tran Corp. v. Commissioner, 70 T.C. 158,            
          173 (1978).                                                                 
               Although petitioners argue that they relied on the advice of           
          Mr. Buck, petitioners have not established that they provided Mr.           
          Buck with correct information or that they received guidance from           
          Mr. Buck as to the propriety of ETCO's deductions.  Therefore, we           
          hold that ETCO and Mr. and Mrs. Thorpe are liable for the                   
          accuracy-related penalties.                                                 


                                                  Decisions will be entered           
                                             under Rule 155.                          












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