Robert and Clara Satriana - Page 13




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          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, Mr.                 
          Beltran.  When they questioned him about the fact that their cash           
          contributions to charity on their returns were considerably in              
          excess of what they had in fact contributed, they blindly                   
          accepted Mr. Beltran's explanations that they could deduct such             
          amounts based on their income levels.  Petitioners did not go               
          beyond that to ascertain whether this was a correct statement of            
          tax law.  The Court is satisfied that petitioners knew that they            
          could only claim deductions that could be substantiated.                    
          Petitioners' failure to have someone examine the returns for them           
          with respect to entries on their returns, which they knew were              
          incorrect, constitutes negligence or disregard of rules or                  
          regulations.  Petitioners had reservations about the way Mr.                
          Beltran was preparing their returns, and they took no steps to              
          satisfy themselves that their returns were correct.  These facts            
          demonstrate to the Court that petitioners made no reasonable                
          effort to ascertain their correct tax liability for the years at            





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