- 24 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Last modified: May 25, 2011