- 9 - or in a statement attached to the return and there is a reasonable basis for the tax treatment of that item, or (3) is due to reasonable cause and petitioners acted in good faith. See secs. 6662(d)(2)(B)(i) and (ii), 6664(c)(1); sec. 1.6664-4(c), Income Tax Regs. Petitioners do not contend that they have substantial authority for their positions or that they adequately disclosed their positions on their returns. They contend only that they had reasonable cause and acted in good faith. Petitioners concede that they may not deduct as a bad debt loss $37,606 of the $75,345 they claimed as a litigation expense for 1994. We have concluded that they may not deduct any amount as a litigation expense for 1994. Petitioners contend that they had reasonable cause and acted in good faith because they relied on their accountant and the transaction was complex. Petitioners point out that they are not required to question whether their accountant is competent, citing Streber v. Commissioner, 138 F.3d 216, 220 (5th Cir. 1998), revg. T.C. Memo. 1995-601, and Reser v. Commissioner, 112 F.3d 1258 (5th Cir. 1997), affg. in part and revg. in part (including on this issue) T.C. Memo. 1995-572. To establish good faith reliance on the advice of a competent adviser, a taxpayer must show: (1) That he or she provided the return preparer with complete and accurate information, (2) that an incorrect return resulted from thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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