Shane Michael Optical, Co. - Page 5




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          allowance after he stopped traveling, including the amount                  
          thereof in the checks that it would give him every month for his            
          services and for his reimbursed expenses.                                   
               The accounting firm never advised Shane Medical or the                 
          Shanes on the difference or distinction between a personal and a            
          business expense.                                                           
                                       OPINION                                        
               Respondent determined that the underpayments stemming from             
          the income adjustments mentioned above were due to negligence,              
          and, accordingly, that all of petitioners were liable for                   
          accuracy-related penalties under section 6662(a).  Section                  
          6662(a) imposes an accuracy-related penalty equal to 20 percent             
          of the portion of an underpayment that is attributable to                   
          negligence.                                                                 
               Petitioners must prove this determination wrong.  See Rule             
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); see also              
          Allen v. Commissioner, 925 F.2d 348, 353 (9th Cir. 1991), affg.             
          92 T.C. 1 (1989); Bixby v. Commissioner, 58 T.C. 757, 791-792               
          (1972).  Petitioners must prove that they made a reasonable                 
          attempt to comply with the provisions of the Internal Revenue               
          Code, and that they were not careless, reckless, or in                      
          intentional disregard of rules or regulations.  See sec. 6662(c).           
               We believe that both Shane Medical and the Shanes have                 
          disproved respondent's determination of negligence.  A taxpayer             
          is not negligent when the taxpayer relies reasonably on a tax               
          adviser for tax advice.  Reasonable reliance occurs when:                   


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