- 37 - As to petitioners’ second argument, section 6664(c)(1) provides a defense against the accuracy-related penalty with respect to any portion of an underpayment if the taxpayer shows that there was reasonable cause for such portion and that the taxpayer acted in good faith with respect to such portion. Reliance on professionals may satisfy the reasonable cause and good faith elements of section 6664(c)(1) if taxpayers show by a preponderance of the evidence that the professional was a competent professional who had sufficient expertise to justify reliance, the taxpayer gave the adviser all necessary and accurate information, and the taxpayer actually relied in good faith on the adviser’s judgment. Neonatology Associates, P.A. v. Commissioner, 115 T.C. 43, 99 (2000). Based on all the pertinent facts and circumstances, section 1.6664-4(b)(1), Income Tax Regs., we find petitioners have failed to establish that there was reasonable cause for any portion of the understatements in these cases or that they acted with any measure of good faith. Sec. 6664(c)(1). Among other reasons, John Cordes, Eddy Ben Cordes, and CFC have not established that they provided Robert Hinman, their financial adviser/return preparer, with all the necessary and accurate information or that Mr. Hinman advised them on any reporting positions. Petitioners seemed to rely on Mr. Hinman, if at all, solely because he was a certified public accountant known and recommended by Mr. Cordes. John Cordes testified that “I don’t really recall what specifically was on * * * [the 1995 tax return], what RobertPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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