- 12 - independent contractor, he therefore could not be a statutory employee. See sec. 3121(d)(3); Lickiss v. Commissioner, T.C. Memo. 1994-103. Respondent also determined penalties for negligence under section 6662(a) for the years in issue. Section 6662(a) provides that, if the section applies, there is imposed a penalty in an amount equal to 20 percent of the portion of the underpayment. The penalty applies, inter alia, to an underpayment due to negligence or disregard of the rules or regulations. See sec. 6662(b)(1). The term “disregard” includes “any careless, reckless, or intentional disregard.” Sec. 6662(c). Negligence includes “any failure to make a reasonable attempt to comply”. Id. We do not understand respondent’s argument that petitioner’s conduct falls within the “disregard” ambit of section 6662(b)(1). We focus, therefore, on whether petitioner’s actions constituted negligence. A good faith reliance on advice from a qualified accountant can be a defense to the accuracy-related penalty for negligence in certain circumstances. See Schwalbach v. Commissioner, 111 T.C. 215, 230 (1998). Petitioner must establish that the adviser was qualified, that he supplied all relevant information, and that he relied on the advice in good faith. Id. These requirements are satisfied here.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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