- 11 - It is equally well settled that, although a taxpayer may avoid liability for the addition to tax under section 6653(a)(2) if he reasonably relies in good faith on a competent professional, United States v. Boyle, supra, “Reliance on professional advice, standing alone, is not an absolute defense to negligence, but rather a factor to be considered”, Freytag v. Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S. 868 (1991). In order to successfully claim he reasonably relied on professional advice, petitioner must demonstrate that the professional on whom he relied had sufficient expertise and knowledge of the pertinent facts to provide informed advice on the subject matter. Id.; Becker v. Commissioner, supra; Sacks v. Commissioner, T.C. Memo. 1994-217, affd. 82 F.3d 918 (9th Cir. 1996); Kozlowski v. Commissioner, T.C. Memo. 1993-430, affd. without published opinion 70 F.3d 1279 (9th Cir. 1995). Petitioner has not demonstrated that Mr. Mihara had either the necessary expertise or the knowledge of pertinent facts to render informed advice on the investment. To the 7(...continued) as indicating the deduction would be proper. Likewise, the Caplan letter stated that the deduction might be subject to attack by the IRS and that “Several commentators have discussed the potential that the IRS may attack a research and development partnership on the basis that it constitutes a material distortion of income.” The Caplan letter also pointed out the lack of judicial opinions and legislative enactments regarding sec. 174 and stressed “it is not possible to guarantee the deductibility of certain expenditures as research and development expenses.”Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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