Anthony N. and Marie M. Finazzo - Page 18





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         the reasonableness of the taxpayer’s actions in light of the                 
         taxpayer’s experience and the nature of the investment.  See Henry           
         Schwartz Corp. v. Commissioner, 60 T.C. 728, 740 (1973); see also            
         Sacks v. Commissioner, 82 F.3d 918, 920 (9th Cir. 1996) (whether a           
         taxpayer is negligent in claiming a tax deduction “depends upon              
         both the legitimacy of the underlying investment, and due care in            
         the claiming of the deduction.”),  affg. T.C. Memo. 1994-217;                
         Turner v. Commissioner, T.C. Memo. 1995-363.  In this regard, the            
         determination of negligence is highly factual.                               
              Under some circumstances, a taxpayer may avoid liability for            
         negligence if reasonable reliance on a competent professional                
         adviser is shown.  See United States v. Boyle, 469 U.S. 241, 250-            
         251 (1985); Freytag v. Commissioner, 89 T.C. 849, 888 (1987),                
         affd. 904 F.2d 1011 (5th Cir. 1990), affd. on another issue 501              
         U.S. 868 (1991).  However, reliance on professional advice,                  
         standing alone, is not an absolute defense to negligence, but                
         rather a factor to be considered.  See Freytag v. Commissioner,              
         supra.  For reliance on professional advice to excuse a taxpayer             
         from negligence, the taxpayer must show that the professional had            
         the requisite expertise, as well as knowledge of the pertinent               
         facts, to provide informed advice on the subject matter.  See                
         David v. Commissioner, 43 F.3d 788, 789-790 (2d Cir. 1995), affg.            
         T.C. Memo. 1993-621; Goldman v. Commissioner, 39 F.3d 402, 407 (2d           







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