Victor M. Bello - Page 23




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          6662(d)(2)(B)(ii).13  See sec. 6662(d)(2)(B) and (C).                       
               In addition, section 6664(c)(1) provides that a penalty                
          under section 6662 shall not be imposed on any portion of an                
          underpayment if the taxpayer shows reasonable cause for such                
          portion of the underpayment and that the taxpayer acted in good             
          faith with respect to such portion.  Reliance on the advice of a            
          professional, such as an accountant, may constitute a showing of            
          reasonable cause if, under all the facts and circumstances, such            
          reliance is reasonable and the taxpayer acted in good faith.  See           
          sec. 1.6664-4(c), Income Tax Regs.                                          
               Petitioner asserts that no penalties under section 6662(a)             
          and (b)(2) should be imposed because he qualifies under the                 
          section 6664(c)(1) reasonable cause and good faith exception.               
          Petitioner maintains that he relied upon the accountants who                
          prepared his returns.  In connection with his disallowed 1992,              
          1993, and 1995 Villa del Mar deductions, petitioner further notes           
          that respondent earlier examined his 1988 return and had fully              
          allowed him all of his claimed 1988 business deductions from                
          Villa del Mar.  We disagree.                                                


               13The Omnibus Budget Reconciliation Act of 1993 (OBRA 1993),           
          Pub. L. 103-66, sec. 13251(a), 107 Stat. 531, amended sec.                  
          6662(d)(2)(B)(ii), to also require a reasonable basis for the tax           
          treatment of the item.  This amendment is effective for returns             
          the due dates for which (determined without regard to extensions)           
          are after Dec. 31, 1993.  See OBRA 1993, sec. 13251(b), 107 Stat.           
          531.                                                                        






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