- 9 - one who decided to place the $499.98 on Schedule E. Furthermore, Mr. Turner testified and a letter dated April 30, 1997, from Mr. Strand confirmed that petitioners deducted the loss on the sale of the Belair property on their 1994 tax return based on Mr. Strand’s advice that petitioners had converted the Belair property to business property and the loss on the sale was a business loss. We think the foregoing circumstances meet the standard established in United States v. Boyle, supra at 251, where the Supreme Court stated: “When an accountant or attorney advises a taxpayer on a matter of tax law, such as whether a liability exists, it is reasonable for the taxpayer to rely on that advice.” We conclude that petitioners made a reasonable effort to obtain advice with respect to the tax treatment of their sale of the Belair property, and therefore they are not liable for the section 6662(a) penalty. To reflect the foregoing, Decision will be entered for respondent as to the deficiency and the addition to tax pursuant to section 6651(a)(1), and for petitioners as to the penalty pursuant to section 6662.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011