Dolores J. Myers - Page 17




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               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 to              






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