Wesley C. and Rhonda A. Wickum - Page 23

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          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.                            




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