- 45 - presented to indicate that he “reasonably relied upon the expertise and advice” of his accountant, however, was his own self-serving testimony, which we are not required to accept. See Tokarski v. Commissioner, 87 T.C. 74, 76 (1986). Petitioner’s 1993 return does not indicate that the marketability discount was taken on the advice of his accountant or that petitioner consulted his accountant. Further, there is no evidence that petitioner retained an expert to value the stock before claiming the marketability discount. To the contrary, the schedules indicate that the additional discount was taken because petitioner felt that the stock was restricted and that an additional discount was warranted.26 We find that petitioner has failed to prove that there was reasonable cause for the understatement and that he acted in good faith in applying an additional discount to reduce the value of the Zila stock acquired by exercising his stock options. We hold, therefore, that petitioner is liable for an accuracy- related penalty with respect to the additional income generated by the exercise of his Zila stock options. 25(...continued) of income tax. See sec. 6662(b)(2), (d)(2)(B); sec. 1.6662-4(a), Income Tax Regs. 26Petitioner’s reporting position regarding the additional discount was inconsistent with the Form 1099 furnished by Zila, which allowed a blockage discount of only $282,979.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011