- 60 - 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 contendsPage: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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