- 6 - to tax for negligence where the taxpayer makes honest mistakes in complex matters, the taxpayer must take reasonable steps to determine the law and to comply with it. Id. Under certain circumstances, a taxpayer may avoid the accuracy-related penalty for negligence where the taxpayer reasonably relied on the advice of a competent professional. Sec. 1.6664-4(b)(1), Income Tax Regs.; sec. 6664(c); Freytag v. Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S. 868 (1991). However, reliance on a professional adviser, standing alone, is not an absolute defense to negligence; it is only one factor to be considered. In order for reliance on a professional adviser to relieve a taxpayer from the negligence penalty, the taxpayer must establish that the professional adviser on whom he or she relied had the expertise and knowledge of the relevant facts to provide informed advice on the subject matter. Freytag v. Commissioner, supra at 888. Petitioners made no effort to ascertain the professional background and qualifications of their return preparer, Mr. Beltran. They did not review the returns prepared by Mr. Beltran. Petitioners clearly did not make a reasonable effort to determine whether their returns were accurate. Petitioners made no effort to contact other tax professionals to verify the accuracy of the returns prepared by Mr. Beltran. The Court is satisfied from the record that Mr. Beltran knew, or had reason toPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011