Eric Test and Delia Braun - Page 15




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          Accuracy-Related Penalty                                                    
               Respondent determined that petitioners underpaid a portion             
          of their income tax because of negligence.  Section 6662(a)                 
          imposes a penalty in an amount equal to 20 percent of the portion           
          of the underpayment attributable to negligence or disregard of              
          rules or regulations.                                                       
               Negligence is defined as any failure to make a reasonable              
          attempt to comply with the provisions of the Internal Revenue               
          Code, and the term “disregard” includes any careless, reckless,             
          or intentional disregard.  Sec. 6662(c).  The accuracy-related              
          penalty will apply unless petitioners demonstrate that there was            
          reasonable cause for the underpayment and that they acted in good           
          faith with respect to the underpayment.  See sec. 6664(c)(1).               
               Taxpayers can avoid liability for the accuracy-related                 
          penalty if they engage a competent professional to prepare their            
          returns, and they reasonably rely on the advice of that                     
          professional.  See Freytag v. Commissioner, 89 T.C. 849, 888                
          (1987), affd. 904 F.2d 1011, 1017 (5th Cir. 1990), affd. 501 U.S.           
          868 (1991).  Taxpayers must show that they provided all relevant            
          information to the professional.  See Pessin v. Commissioner, 59            
          T.C. 473, 489 (1972).                                                       
               Applying these principles to the instant case, we conclude             
          that petitioners have sustained their burden of establishing that           
          reasonable cause and good faith existed for deducting legal fees            






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