- 31 - form 1040 was filed and signed by the Carey’s for the year 1995. Mr. Tim Riley from American Tax Service (bookkeeping) was hired to do all bookkeeping for the year 1995. American Tax Professionals was hired to complete the 1040 tax returns based on the information provided by Mr. Riley. The Carey’s relied on these professionals to produce accurate tax information. Under [secs.] 6662 and 6664 and applicable regulations, a taxpayers good faith reliance on the advice of (including opinions) of a professional tax advisor will generally be taken in account for purposes of determining whether the taxpayer will be subject to accuracy related penalty. The Careys bear the burden of proof. To sustain a defense to the accuracy-related penalty based on reliance on professional advice, the Careys must establish, among other things, what advice they relied on and that the advice was based on adequate information provided by them. See, e.g., Daugherty v. Commissioner, 78 T.C. 623, 641 (1982); Pessin v. Commissioner, 59 T.C. 473, 489 (1972); Ciaravella v. Commissioner, T.C. Memo. 1998-31; Stephens v. Commissioner, T.C. Memo. 1997-204. The Careys offered no evidence regarding what information they provided to, or what advice they received from, Tim Riley, American Tax Service, American Tax Professionals, or Linda Billingsley, who signed the return as a paid preparer. The Careys failed to carry their burden of proving that they were not negligent or that they acted in good faith or had reasonable cause for the positions they took on their return. The understatement of income was (and remains) substantial, and we sustain respondent’s determination of the accuracy-relatedPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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