Jerry J. and Susan N. LeBouef - Page 21




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               Furthermore, reliance upon the advice of an expert tax                 
          preparer may, but does not necessarily, demonstrate reasonable              
          cause and good faith in the context of the section 6662(a)                  
          penalty.  See id.; see also Freytag v. Commissioner, supra at               
          888.  Such reliance is not an absolute defense, but it is a                 
          factor to be considered.  See Freytag v. Commissioner, supra at             
          888.  In order for this factor to be given dispositive weight,              
          the taxpayer claiming reliance on a professional must show, at              
          minimum, that (1) the preparer was supplied with correct                    
          information and (2) the incorrect return was a result of the                
          preparer’s error.  See, e.g., Westbrook v. Commissioner, 68 F.3d            
          868, 881 (5th Cir. 1995), affg. T.C. Memo. 1993-634; Cramer v.              
          Commissioner, 101 T.C. 225, 251 (1993), affd. 64 F.3d 1406 (9th             
          Cir. 1995); Ma-Tran Corp. v. Commissioner, 70 T.C. 158, 173                 
          (1978); Pessin v. Commissioner, 59 T.C. 473, 489 (1972); Garcia             
          v. Commissioner, T.C. Memo. 1998-203, affd. without published               
          opinion 190 F.3d 538 (5th Cir. 1999).                                       
               The notice of deficiency issued to petitioners asserted                
          applicability of the section 6662(a) penalty on account of both             
          negligence and/or substantial understatement.  (The notice also             
          referenced substantial valuation overstatement as an additional             
          alternative ground, see sec. 6662(b)(3), but since valuation was            
          not a focus of this case, we disregard the apparent boilerplate             
          reference.)  Petitioners seek to avoid this penalty on the basis            






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