- 53 - the disputed item. United States v. Boyle, 469 U.S. 241 (1985). A good faith, reasonable reliance on the advice of an independent, competent professional as to the tax treatment of an item may meet this requirement. Id.; sec. 1.6664-4(b), Income Tax Regs. Whether a taxpayer relies on professional advice and whether such reliance is reasonable hinge on the facts and circumstances of the case and the law that applies to those facts and circumstances. Sec. 1.6664-4(c)(i), Income Tax Regs. For a taxpayer to rely reasonably upon professional advice so as possibly to negate a section 6662(a) accuracy-related penalty, the taxpayer must prove by a preponderance of the evidence that the taxpayer meets each requirement of the following three-prong test: (1) The adviser was a competent professional who had sufficient expertise to justify reliance, (2) the taxpayer provided necessary and accurate information to the adviser, and (3) the taxpayer actually relied in good faith on the adviser’s judgment. Ellwest Stereo Theatres, Inc. v. Commissioner, T.C. Memo. 1995-610; see also Rule 142(a)(1). The record persuades us that petitioner has met each of these requirements. Because petitioner (through its officers) actually relied in good faith on its accountants’ advice as to the matters at hand, and the reliance was reasonable, we decline to sustain respondent’s determination as to the accuracy-related penalties.Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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