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