Burien Nissan, Inc., et al. - Page 25




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         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 the                 







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