Herbert L. Whitehead and Jennifer L. Whitehead - Page 60




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          order “to intimidate the taxpayers from properly asserting their            
          positions with regard to their tax liability”, and that the                 
          issues remaining for decision in this case “represent a legiti-             
          mate difference of opinion at worst and thus do not provide a               
          basis for the negligence penalty”.                                          
               Except for their conclusory statements on brief, petitioners           
          point to no facts and advance no arguments in support of their              
          contentions that (1) they had a reasonable basis for the posi-              
          tions that they took in their joint return for each of the years            
          at issue, (2) they did not intentionally disregard any Code                 
          provisions in preparing each such return, (3) respondent deter-             
          mined to impose the accuracy-related penalty under section                  
          6662(a) in order to intimidate petitioners, and (4) the issues              
          remaining for decision in this case merely represent legitimate,            
          substantive differences of opinion between petitioners and                  
          respondent.52                                                               
               On the record before us, we find that, in the event the                
          computations under Rule 155 establish that there is an under-               


               52Although not altogether clear, petitioners may be claiming           
          reliance on the accountant who prepared their joint return for              
          each of the years at issue to support certain of their conten-              
          tions with respect to the accuracy-related penalty under sec.               
          6662(a).  On the record before us, we find that petitioners have            
          failed to show (1) that any such reliance was reasonable and that           
          they acted in good faith, see sec. 1.6664-4(b)(1), Income Tax               
          Regs., and (2) that they provided correct information to that               
          accountant and that any item incorrectly omitted, claimed, or               
          reported in those joint returns was the result of that accoun-              
          tant’s error, see Ma-Tran Corp. v. Commissioner, 70 T.C. 158, 173           
          (1978).                                                                     





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