- 10 - petitioner supplied Mr. Norris with the necessary information to file an accurate return, he has not shown that the incorrect return was a result of Mr. Norris’s mistake. Respondent argues that an omission of $4 million in these circumstances is so substantial that petitioner could not have reasonably relied on the return and should have made further inquiries as to its accuracy. The general rule is that taxpayers have a duty to file complete and accurate tax returns and cannot avoid this duty by placing responsibility with an agent. United States v. Boyle, 469 U.S. 241, 250-251 (1985); Metra Chem Corp. v. Commissioner, 88 T.C. 654, 662 (1987). However, in limited situations, the section 6653(a) additions to tax may be avoided if the taxpayer shows good faith reliance on the advice of a competent and experienced accountant or attorney in the preparation of the tax return. Weis v. Commissioner, 94 T.C. 473, 487 (1990); Conlorez Corp. v. Commissioner, 51 T.C. 467, 474 (1968). In order to show good faith reliance, the taxpayer must establish that all necessary information was supplied to the return preparer and that the incorrect return resulted from the preparer’s mistakes. Weis v. Commissioner, supra at 487; Pessin v. Commissioner, 59 T.C. 473, 489 (1972). The evidence in the record indicates that Mr. Norris is a competent and experienced accountant. The parties agree that Mr.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011