- 8 - tax consequences. Petitioners introduced no evidence regarding Mr. Baker’s credentials or his knowledge and experience in preparing tax returns or analyzing trust arrangements for Federal income tax purposes. In short, petitioners failed to prove that Mr. Baker was a competent tax adviser and that petitioners were justified in relying on him. See Ewing v. Commissioner, 91 T.C. 396, 423 (1988), affd. without published opinion 940 F.2d 1534 (9th Cir. 1991); sec. 1.6664-4(b), Income Tax Regs. In addition, petitioner admitted at trial and conceded on brief that Mr. Baker did not have all the necessary information to complete the returns properly. There is no evidence that petitioners gave Mr. Baker copies of the trust documents or other information that would have allowed Mr. Baker to evaluate the legitimacy of the trusts or analyze the tax consequences of the trusts. Because petitioners failed to prove they reasonably relied on a fully informed and competent tax adviser and because they did not assert any other basis for obtaining relief from the section 6662(a) penalty, we hold that petitioners have failed to prove that they had reasonable cause within the meaning of section 6664(c).4 We, therefore, sustain respondent’s 4We note that petitioners did not argue that they relied on NTS for accurate tax advice, nor did petitioners establish that NTS was a competent professional or was composed of competent professionals with expertise in tax matters.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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