- 12 - 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 atPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011