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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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