Haffner's Service Stations, Inc. - Page 53




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          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.                         









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