- 60 - 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).Page: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
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