Howard L. Burris, Sr. and Barbara J. Burris - Page 24




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          underpayment, and (2) he acted in good faith with respect to such           
          underpayment.  See sec. 6664(c).  Whether the taxpayer acted with           
          reasonable cause and in good faith is determined by the relevant            
          facts and circumstances.  The most important factor is the extent           
          of the taxpayer’s effort to assess his proper tax liability.  See           
          Stubblefield v. Commissioner, T.C. Memo. 1996-537; sec. 1.6664-             
          4(b)(1), Income Tax Regs.  Section 1.6664-4(b)(1), Income Tax               
          Regs., specifically provides: “Circumstances that may indicate              
          reasonable cause and good faith include an honest                           
          misunderstanding of fact or law that is reasonable in light of              
          * * * the experience, knowledge, and education of the taxpayer.”            
          See Neely v. Commissioner, 85 T.C. 934 (1985).                              
               It is the taxpayer’s responsibility to establish that he is            
          not liable for the accuracy-related penalty imposed by section              
          6662(a).  See Rule 142(a); Tweeddale v. Commissioner, 92 T.C.               
          501, 505 (1989).                                                            
               Petitioners appear to argue that they relied on their tax              
          preparer, Price Waterhouse.  Under certain circumstances,                   
          reliance by a taxpayer on the advice of a competent adviser can             
          be a defense to the accuracy-related penalty.  See United States            
          v. Boyle, 469 U.S. 241, 250-251 (1985); Ewing v. Commissioner, 91           
          T.C. 396, 423–424 (1988), affd. without published opinion 940               
          F.2d 1534 (9th Cir. 1991).  However, reliance on professional               
          advice, standing alone, is not an absolute defense to negligence            






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