- 25 - but rather a factor to be considered. See Freytag v. Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S. 868 (1991). It must be established that the reliance was reasonable, in good faith, and based upon full disclosure. See Ewing v. Commissioner, supra; Pritchett v. Commissioner, 63 T.C. 149, 174-175 (1974). Petitioners failed to establish that they reasonably relied in good faith upon Price Waterhouse’s advice. Further, petitioners did not prove that they fully disclosed the facts of the expenses at issue. Petitioner repeatedly testified that Price Waterhouse would not have reported the various expenses on Schedules A and C unless petitioners were entitled to deduct them. Petitioner’s testimony is insufficient to establish a defense to the accuracy-related penalty. Petitioners claimed deductions that they failed to explain or substantiate. On the basis of the entire record, we conclude petitioners have not established that any portion of the underpayment was due to reasonable cause or that they acted in good faith. Accordingly, we hold petitioners are liable for the accuracy-related penalty. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Last modified: May 25, 2011