- 23 - benefit plans or of payments of insurance premiums and health care costs.9 Accuracy-Related Penalties and Addition to Tax Respondent determined that petitioners were liable for accuracy-related penalties under section 6662(a) for the years in issue. Petitioners argue that they are not liable for accuracy- related penalties because they reasonably relied on their attorney in choosing statutory employee status on their returns. Reliance on a professional may relieve a taxpayer from the accuracy-related penalty where the reliance is reasonable. ASAT, Inc. v. Commissioner, 108 T.C. 147 (1997). On the basis of the entire record in this case, we find that petitioners’ reliance on the tax attorney was reasonable. Accordingly, petitioners are not liable for the accuracy-related penalties for the years in issue pursuant to section 6662(a). Respondent also determined that petitioners were liable for an addition to tax for the year 1990 for failure to file under section 6651. Petitioners offered no evidence explaining their failure to timely file their 1990 return. Thus, petitioners are liable for the addition to tax for the year 1990 under section 6651(a)(1) in an amount to be computed under Rule 155. 9 In Lozon v. Commissioner, T.C. Memo. 1997-250, the same question arose with respect to contributions to pension and profit-sharing plans. In that case, we found that the Commissioner had conceded that the plans in question were qualified and that, under sec. 83(e)(2), the taxpayers were not required to include the contributions in income.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011