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