Charlotte's Office Boutique, Inc. - Page 33

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          we understand petitioner to argue that it relied upon the advice            
          of competent professionals that the disputed amounts were not               
          wages.  We disagree.                                                        
               In order for petitioner to rely reasonably upon professional           
          advice so as possibly to negate any or all of the additions to              
          tax at issue, petitioner must prove by a preponderance of                   
          evidence each prong of the following 3-prong test:  (1) The                 
          adviser was a competent professional who had sufficient expertise           
          to justify reliance, (2) petitioner provided necessary and                  
          accurate information to the adviser, and (3) petitioner actually            
          relied in good faith on the adviser’s judgment.  Neonatology                
          Associates, P.A. v. Commissioner, 115 T.C. 43, 99 (2000), affd.             
          299 F.3d 221 (3d Cir. 2002).  Petitioner has not proven any of              
          these prongs.  We sustain respondent’s determination as to the              
          applicability of the additions to tax.  In their computation (or            
          computations) under Rule 155, the parties shall determine these             
          additions to tax taking into account (1) respondent’s concession            
          as to the other workers and (2) that the Form 941 for the taxable           
          quarter ended December 31, 1996, was timely filed.                          
          _____________________________________                                       


               13(...continued)                                                       
          petitioner’s reliance on that opinion to be misplaced.  We note             
          that Spicer Accounting, Inc. v. United States, 918 F.2d 90, 93              
          (9th Cir. 1990), one of the principal cases upon which we rely to           
          decide the substantive issue, was decided by the Court of Appeals           
          for the Ninth Circuit.                                                      




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