Burien Nissan, Inc., et al. - Page 24




                                       - 24 -                                         
              No accuracy-related penalty shall be imposed with respect to            
         any portion of an underpayment if it is shown that there was                 
         reasonable cause for such portion and that the taxpayer acted in             
         good faith with respect to such portion.  See sec. 6664(c)(1).               
         Burien Nissan and the Johnstons claim that a reasonable person               
         would have taken a similar position in their income tax returns.             
         We have already rejected Burien Nissan’s explanations for                    
         deducting monthly payments to Mr. Johnston for complying with the            
         noncompetition agreement, and Burien Nissan has conceded that it             
         cannot deduct the cost of redeeming stock it purchased from Mr.              
         Johnston.                                                                    
              With regard to the Johnstons, no legal authority was                    
         provided to justify the omission of $45,483 in income in 1994 and            
         $290,000 from income in 1995.  We rejected the Johnstons’                    
         arguments as to why they failed to report these items, and the               
         Johnstons conceded that they were not entitled to a capital loss             
         for their 1994 sale of Burien Nissan stock.                                  
              Burien Nissan and the Johnstons also argue that the                     
         accuracy-related penalties should be waived because there was a              
         reasonable basis for their income tax positions since they relied            
         on the advice of a tax adviser.  Reliance on professional advice             
         does not necessarily demonstrate reasonable cause and good faith.            
         See sec. 1.6664-4(b)(1), Income Tax Regs.  In order for a                    
         taxpayer’s reliance on advice to be reasonable so as to negate a             







Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011