David J. Edwards - Page 34





                                       - 34 -                                         
          will substantially exceed the amounts shown on his returns.                 
          Petitioner substantially understated his tax liabilities for 1996           
          and 1997.                                                                   
               Moreover, petitioner was negligent.  He failed to maintain             
          adequate records of his income and deductions, failed to                    
          substantiate many items claimed on his returns, artificially                
          reduced his income through the use of sham trusts, and (as is               
          discussed below in connection with the Court’s consideration of             
          section 6673(a) sanctions) maintained positions on his returns,             
          in his petition, and through and after trial of this case that              
          were frivolous.                                                             
               Petitioner argues that no accuracy-related penalty should be           
          imposed because he acted in good faith upon the advice of his tax           
          advisers.  We disagree.  While section 6664(c)(1) provides for              
          relief from penalties where the taxpayer shows good faith and               
          reasonable cause for the understatement, mere reliance on                   
          advisers is not sufficient to establish good faith and reasonable           
          cause.  Sec. 1.6664-4(b)(1), Income Tax Regs. (“Reliance on * * *           
          the advice of a professional tax advisor * * * does not                     
          necessarily demonstrate reasonable cause and good faith.”).                 
               Petitioner claims he reasonably relied on Henkell, the                 
          shelter promoter, in creating his trust shelters.  Petitioner               
          states that “there was no adverse information surrounding Robert            
          Henkell and his extensive trust business at the time Dr. Edwards            






Page:  Previous  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  Next

Last modified: May 25, 2011