- 10 - The negligence penalty does not apply if the taxpayer establishes that he or she relied in good faith upon the advice of a competent and experienced accountant or return preparer in the preparation of the taxpayer’s return. See Weis v. Commissioner, 94 T.C. 473, 487 (1990). To show good faith reliance, the taxpayer must show that the return preparer was supplied with the information necessary for the preparation of an accurate return. To the extent that errors have been made on the return, the taxpayer must demonstrate that the errors were the result of the return preparer’s mistakes. See Pessin v. Commissioner, 59 T.C. 473, 489 (1972). We are satisfied that petitioners in good faith reasonably relied upon their income tax return preparer to properly account for the transactions between petitioner and PSI that resulted in the deductions claimed, and now disallowed, on the Schedules C. Consequently, petitioners are not liable for the negligence penalty for any year in issue. Reviewed and adopted as the report of the Small Tax Case Division. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011