Leon and Mamie M. Gaither - Page 11




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               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.                  








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