Estate of Monte H. Goldman - Page 12




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               Pursuant to section 6664(c)(1), a section 6662 penalty does            
          not apply to any portion of an underpayment if reasonable cause             
          existed and the taxpayers acted in good faith.  Pursuant to section         
          1.6664-4(b)(1), Income Tax Regs., all facts and circumstances must          
          be examined in order to determine whether a taxpayer acted with             
          reasonable cause and in good faith.                                         
               Petitioner contends that we should not sustain respondent's            
          imposition of the section 6662(a) accuracy-related penalties                
          because Mr. Goldman received and relied upon an opinion letter              
          prepared by experienced tax counsel.  In order to establish good            
          faith reliance on the advice of an adviser, the taxpayer must prove         
          that: (1) He gave the return preparer complete and accurate                 
          information, (2) an incorrect return was a result of the preparer's         
          mistakes, and (3) the taxpayer believed in good faith that he was           
          relying on a competent return preparer's advice.  See Metra Chem            
          Corp. v. Commissioner, 88 T.C. 654, 662 (1987).  These requirements         
          have been met in this case.  Consequently, we do not sustain                
          respondent's determination imposing the section 6662(a) accuracy-           
          related penalties.                                                          
               To reflect the foregoing,                                              


                                                       Decision will be               
                                                  entered under Rule 155.             







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