Jacob and Chana Pinson, et al. - Page 50




                                       - 50 -                                         
               by-case basis, taking into account all pertinent facts                 
               and circumstances. * * * Generally, the most important                 
               factor is the extent of the taxpayer’s effort to assess                
               the taxpayer’s proper tax liability. * * * [Sec.                       
               1.6664-4(b)(1), Income Tax. Regs.]                                     
               Furthermore, reliance upon the advice of an expert tax                 
          preparer may, but does not necessarily, demonstrate reasonable              
          cause and good faith in the context of the section 6662(a)                  
          penalty.  See id.; see also Freytag v. Commissioner, supra at               
          888.  Such reliance is not an absolute defense, but it is a                 
          factor to be considered.  See Freytag v. Commissioner, supra at             
          888.  In order for this factor to be given dispositive weight,              
          the taxpayer claiming reliance on a professional such as an                 
          accountant must show, at minimum, that (1) the accountant was               
          supplied with correct information and (2) the incorrect return              
          was a result of the accountant’s error.  See, e.g., Westbrook v.            
          Commissioner, 68 F.3d 868, 881 (5th Cir. 1995), affg. T.C. Memo.            
          1993-634; Cramer v. Commissioner, 101 T.C. 225, 251 (1993), affd.           
          64 F.3d 1406 (9th Cir. 1995); Ma-Tran Corp. v. Commissioner, 70             
          T.C. 158, 173 (1978); Pessin v. Commissioner, 59 T.C. 473, 489              
          (1972); Garcia v. Commissioner, T.C. Memo. 1998-203, affd. 190              
          F.3d 538 (5th Cir. 1999).                                                   
               As a threshold matter, we first address the situation of               
          DPC.  Due to our determination above that the payments to DPP are           
          not to be allocated as income to DPC, there exists no                       








Page:  Previous  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  Next

Last modified: May 25, 2011