Richard and Judith Haeder - Page 43




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          Computer Corp. v. Commissioner, 113 T.C. 214, 226 (1999); sec.              
          1.6664-4(b)(1), Income Tax Regs.                                            
              Petitioners contend that they are not liable for the                   
          accuracy-related penalties for negligence because they relied on            
          their accountant for the preparation of their returns.  Thus, in            
          effect, petitioners argue that they had reasonable cause and                
          acted in good faith by treating the items as they did on their              
          returns for 1991 and 1992.  Petitioners bear the burden of                  
          proving facts showing good faith and reasonable cause.  See Rule            
          142(a).                                                                     
               Although a taxpayer may avoid liability for the addition to            
          tax for negligence if he or she shows a reasonable reliance in              
          good faith on a competent and experienced return preparer,                  
          reliance on professional advice, standing alone, is not an                  
          absolute defense to negligence.  See United States v. Boyle,                
          supra at 250-251; Freytag v. Commissioner, supra at 888; see also           
          sec. 1.6664-4(b)(1), Income Tax Regs.  Rather, it is a factor to            
          be considered.  See Freytag v. Commissioner, supra at 888.  To              
          show good faith reliance on the advice of a competent adviser,              
          the taxpayer must establish that he or she provided the return              
          preparer with complete and accurate information and that an                 
          incorrect return was a result of the preparer's mistakes.  See              
          Westbrook v. Commissioner, 68 F.3d 868, 881 (5th Cir. 1995),                








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