- 8 - 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 and knowledge of the relevant facts to provide informed advice on the subject matter. Freytag v. Commissioner, supra at 888. Petitioners made no effort to ascertain the professional background and qualifications of their return preparer. They did not examine the returns prepared by Mr. Beltran, except perhaps to ascertain the amount of the refunds they would receive. The record does not show that petitioners looked beyond that. The Court is satisfied that petitioners knew that they could only claim deductions on their returns that could be substantiated, and, even if they did not know that, at the very least, the representations that the deductible amount of such deductions was based on a formula should have prompted them to verify the accuracy of such a representation with a qualified preparer. Moreover, the amounts claimed for unreimbursed employee expenses were clearly disproportionate to petitioners' wages, which also merited further inquiry. These facts demonstrate to the Court that petitioners made no reasonable effort to ascertain their correct tax liability for the years at issue. Stubblefield v. Commissioner, supra. Additionally, when petitioners were contacted by respondent with respect to their returns,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011