- 16 - Petitioners contend their underpayments are not due to negligence because they reasonably relied on the advice of Mr. Matsuda, whom they portray as a trusted professional and friend with a good reputation throughout the community. It is well settled that, although taxpayers may avoid liability for the additions to tax under section 6653(a) if they reasonably relied in good faith on a competent professional, United States v. Boyle, 469 U.S. 241, 250-251 (1985), “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 they reasonably relied on professional advice, petitioners must demonstrate that the professional on whom they relied had sufficient expertise and knowledge of the pertinent facts to provide informed advice on the subject matter. Id.; Becker v. Commissioner, T.C. Memo. 1996-538; 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). Petitioners have not pointed to any advice the Myerses received from Mr. Matsuda relevant to their reporting positions in the taxable years before us. In 1981, Mr. Matsuda examined the Myerses’ financial situation and determined they needed toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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