Eddie Cordes, Inc., et al. - Page 37




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               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 Robert                





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