Kyle L. and Carol B.Thornton - Page 10




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          Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011 (5th             
          Cir. 1990), affd. 501 U.S. 868 (1991).  However, a taxpayer bears           
          the responsibility for any negligent errors of his or her                   
          professional adviser.  Am. Props., Inc. v. Commissioner, 28 T.C.            
          1100 (1957), affd. per curiam 262 F.2d 150 (9th Cir. 1958).                 
          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 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.  The drafts of petitioners' returns prepared by                    
          petitioner showed tax liabilities considerably in excess of the             
          amounts shown on Mr. Beltran's returns.  Petitioner knew that Mr.           
          Beltran's returns were incorrect and knew that his returns                  
          contained inflated itemized deductions.  Petitioner admitted                
          questioning Mr. Beltran as to the deductibility of the amounts              
          claimed on the returns but made no effort to contact other tax              
          professionals to verify the accuracy of Mr. Beltran's                       
          representations.  Petitioner, in his testimony, characterized the           





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