Michael G. and Kate M. Lavigne - Page 10




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          sec. 1.6664-4(b)(1), Income Tax Regs.  Under section 1.6664-                
          4(b)(1), Income Tax Regs., "Circumstances that may indicate                 
          reasonable cause and good faith include an honest                           
          misunderstanding of fact or law that is reasonable in light of              
          all of the facts and circumstances, including the experience,               
          knowledge and education of the taxpayer."  Moreover, a taxpayer             
          is generally charged with knowledge of the law.  Niedringhaus v.            
          Commissioner, 99 T.C. 202, 222 (1992).  Although a taxpayer is              
          not subject to the addition to tax for negligence where the                 
          taxpayer makes honest mistakes in complex matters, the taxpayer             
          must take reasonable steps to determine the law and to comply               
          with it.  Id.                                                               
               Under certain circumstances, a taxpayer may avoid the                  
          accuracy-related penalty for negligence where the taxpayer                  
          reasonably relied on the advice of a competent professional.                
          Sec. 6664(c); Freytag v. Commissioner, 89 T.C. 849, 888 (1987),             
          affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S. 868 (1991);             
          sec. 1.6664-4(b)(1), Income Tax Regs.  Reliance on a professional           
          adviser, standing alone, is not an absolute defense to                      
          negligence; it is only one factor to be considered.  In order for           
          reliance on a professional adviser to relieve a taxpayer from the           
          negligence penalty, the taxpayer must establish that the                    
          professional adviser on whom he or she relied had the expertise             







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