- 25 - section 6662(a) accuracy-related penalty, this Court requires that the taxpayer prove by a preponderance of the evidence that the adviser was a competent professional who had sufficient expertise to justify reliance; the taxpayer gave the adviser the necessary and accurate information; and the taxpayer actually relied in good faith on the adviser’s judgement. See Neonatology Associates v. Commissioner, 115 T.C. 43 (2000). We are not convinced that petitioners reasonably relied on their return preparer in reporting the items in issue. The record does not contain evidence of what specific information Burien Nissan and the Johnstons gave their return preparer. Indeed, we have found that petitioners mischaracterized the key transactions in this proceeding, and there is every reason to believe that they made the same representations to their return preparer. Accordingly, we find that petitioners have failed to prove that any portion of their underpayments was due to reasonable cause or that substantial authority existed for Burien Nissan’s and the Johnstons’ various tax positions. We hold that Burien Nissan and the Johnstons are liable for the accuracy-related penalties under section 6662(a) and (b)(1) for the years in issue. Respondent also determined that Burien Nissan and the Johnstons are liable for the accuracy-related penalty for substantially underpaying their income tax liability for thePage: 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