Eugene I. and Leonarda T. Valdez - Page 7




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          Stubblefield v. Commissioner, T.C. Memo. 1996-537; sec. 1.6664-             
          4(b)(1), Income Tax Regs.  Under section 1.6664-4(b)(1),                    
          "Circumstances that may indicate reasonable cause and good faith            
          include an honest misunderstanding of fact or law that is                   
          reasonable in light of all the facts and circumstances, including           
          the experience, knowledge and education of the taxpayer."                   
          Moreover, a taxpayer is generally charged with knowledge of the             
          law.  Niedringhaus v. Commissioner, 99 T.C. 202, 222 (1992).                
          Although a taxpayer is not subject to the penalty for negligence            
          where the taxpayer makes honest mistakes in complex matters, the            
          taxpayer must take reasonable steps to determine the law and to             
          comply with it.  Id.                                                        
               Under certain circumstances, a taxpayer may avoid the                  
          accuracy-related penalty for negligence where the taxpayer                  
          reasonably relied on the advice of a competent professional.                
          Sec. 1.6664-4(b)(1), Income Tax Regs.; sec. 6664(c); Freytag v.             
          Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011 (5th             
          Cir. 1990), affd. 501 U.S. 868 (1991).  However, 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             







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