Mary Ann Tobin - Page 21




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          C.   Accuracy-Related Penalty Under Section 6662                            
               Respondent determined that petitioner was liable for the               
          accuracy-related penalty for negligence under section 6662(a) and           
          (c) for 1990 and 1991.  Respondent now concedes that petitioner             
          is not liable for the negligence penalty for 1990 and 1991 except           
          for any deficiencies related to petitioner's depreciation of the            
          addition.                                                                   
               Section 6662(b)(1) imposes a 20-percent penalty on the                 
          portion of an underpayment attributable to negligence.                      
          Negligence includes a failure to make a reasonable attempt to               
          comply with the Internal Revenue Code or to exercise ordinary and           
          reasonable care in that respect.  See sec. 6662(c).  Petitioner             
          bears the burden of proving that she was not liable for the                 
          accuracy-related penalty imposed by section 6662(a).  See Rule              
          142(a).                                                                     
               Respondent contends that petitioner was negligent because              
          the returns Richardson prepared included a deduction for                    
          depreciation of parts of her residence despite the income limits            
          of section 280A and contained an allocation of 95 percent of the            
          costs of the addition to business.                                          
               We disagree.  Good faith reliance on the advice of a                   
          competent, independent tax professional may offer relief from the           
          imposition of the addition to tax for negligence.  See United               
          States v. Boyle, 469 U.S. 241, 251 (1985); Leonhart v.                      






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