Michael C. Hollen and Joan L. Hollen - Page 19




                                       - 19 -                                         


          under section 6653(a) if reasonable reliance in good faith on a             
          competent and experienced return preparer is shown, reliance on             
          professional advice, standing alone, is not an absolute defense             
          to negligence.  See United States v. Boyle, 469 U.S. 241, 250-251           
          (1985); Freytag v. Commissioner, 89 T.C. 849, 888 (1987), affd.             
          904 F.2d 1011 (5th Cir. 1990), affd. 498 U.S. 1066 (1991).                  
          Rather, it is a factor to be considered.  See Freytag v.                    
          Commissioner, supra.  In order to claim that he reasonably relied           
          in good faith on a competent and experienced return preparer, a             
          taxpayer must demonstrate that he supplied all necessary                    
          information to the preparer, and the incorrect return was a                 
          result of the preparer’s mistakes.  See Weis v. Commissioner, 94            
          T.C. 473, 487 (1990) (citing Pessin v. Commissioner, 59 T.C. 473,           
          489 (1972)).                                                                
               Petitioners have failed to prove that they supplied all                
          necessary information to their return preparer, that the advice             
          they claimed to have received from their return preparer, Mr.               
          Henss, was reasonable, or that they relied on the advice in good            
          faith.  The partnership’s accountant prepared the partnership tax           
          return for 1988 in a manner consistent with prior years’ returns            
          and included on the 1988 partnership return gain from the sale of           
          the ranch.  Schedules K-1 consistent with the partnership’s                 
          return were issued to petitioner and the other partners.                    






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