Estate of Paul Campana - Page 18




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          reasonable reliance on a competent professional adviser is shown.           
          Leonhart v. Commissioner, 414 F.2d 749, 750 (4th Cir. 1969) affg.           
          T.C. Memo. 1968-98; Freytag v. Commissioner, 89 T.C. 849, 888               
          (1987), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S. 868             
          (1991).  Such reliance is not an absolute defense to negligence             
          but is merely a factor to be considered.  Id.                               
               For reliance on professional advice to excuse a taxpayer               
          from the negligence penalty, the taxpayer must show that the                
          professional adviser had the expertise and knowledge of the                 
          pertinent facts to provide informed advice on the subject matter.           
          Leonhart v. Commissioner, supra; Freytag v. Commissioner, supra;            
          Stone v. Commissioner, T.C. Memo. 1996-230; Reimann v.                      
          Commissioner, T.C. Memo. 1996-84.                                           
               In order for reliance on professional advice to excuse a               
          taxpayer from the negligence penalty, the reliance must be                  
          reasonable, in good faith, and based upon full disclosure.  Zfass           
          v. Commissioner, 118 F.3d 184, 188 (4th Cir. 1997), affg. T.C.              
          Memo. 1996-167; Freytag v. Commissioner, supra at 888.  We do not           
          find such reliance on petitioner's part.                                    
               Petitioner's return preparer strongly suggested to her that            
          CNC did not sound like a "normal" investment and that her                   
          investment funds were in jeopardy.  He advised her that she                 
          should attempt to recover her investment.  Petitioner offered no            
          evidence that she could not have recovered her investment at any            






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