Lucian T. Baldwin, III - Page 60




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          penalties under section 6662.  Rule 142(a); Richardson v.                   
          Commissioner, 125 F.3d 551 (7th Cir. 1997), affg. T.C. Memo.                
          1995-554; Accardo v. Commissioner, 942 F.2d 444, 453 (7th Cir.              
          1991), affg. 94 T.C. 96 (1990).                                             
               A taxpayer’s good faith, reasonable reliance on the advice             
          of an independent professional as to the tax treatment of an item           
          may establish that the taxpayer was not negligent under section             
          6653(a) and may satisfy the reasonable cause exception of section           
          6664(c).  United States v. Boyle, supra; sec. 1.6664-4(b), Income           
          Tax Regs.  Whether a taxpayer reasonably relied on an independent           
          and competent professional requires an examination of the facts             
          and circumstances of his case and applicable law.  See sec.                 
          1.6664-4(b)(1), Income Tax Regs.  The taxpayer must prove: (1)              
          The adviser was a competent professional who had sufficient                 
          expertise to justify the taxpayer’s reliance on him; (2) the                
          taxpayer provided necessary and accurate information to the                 
          adviser; and (3) the taxpayer actually relied in good faith on              
          the adviser’s judgment.  Weis v. Commissioner, 94 T.C. 473, 487             
          (1990) (citing Pessin v. Commissioner, 59 T.C. 473, 489 (1972)).            
          In support of his determinations, respondent emphasizes                     
          petitioner’s burden of proof as to the addition to tax and                  
          penalties, lists numerous errors and purported errors on                    
          petitioner’s returns, and asserts that petitioner, with the                 
          assistance of Mr. DiMaggio, concocted an elaborate scheme to                
          disguise and deduct personal expenditures.  Petitioner contends             





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