Edward C. Tietig - Page 46




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          correctly.  Leroy Jewelry Co., Inc. v. Commissioner, 36 T.C. 443,           
          445 (1961).  In the instant case, petitioner did not present                
          sufficient evidence to justify a finding that the accuracy-                 
          related penalty for negligence is not applicable.  In addition to           
          the several holdings in this opinion in favor of respondent,                
          petitioner conceded48 that several income items representing                
          substantial amounts were omitted from his Federal income tax                
          returns.  Such omissions included the failure to report                     
          substantial amounts of interest income, a guaranteed payment from           
          a partnership, taxable Social Security benefits, and distributive           
          shares of income from S corporations.  These omissions were due             
          to errors petitioner did not attempt to check.                              
               No accuracy-related penalty shall be imposed with respect to           
          any portion of an underpayment if it is shown that there was                
          reasonable cause for such portion and that the taxpayer acted in            
          good faith with respect to such portion.  Sec. 6664(c)(1).                  
          Petitioner argues that he also relied upon outside accountants              
          and, thus, he should not be liable for the accuracy-related                 
          penalty.  In order for a taxpayer’s reliance on advice to be                
          reasonable so as to negate a section 6662(a) accuracy-related               
          penalty, this Court requires that the taxpayer prove by a                   
          preponderance of the evidence that the adviser was a competent              
          professional who had sufficient expertise to justify reliance;              


               48See appendixes A and B.                                              





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