- 18 - B. Whether Petitioners Are Liable for the Accuracy-Related Penalty for 1995 Petitioners contend that they are not liable for the accuracy-related penalty for negligence for 1995 because they relied on Sawyer’s advice. We disagree. A taxpayer may be relieved of liability for the accuracy- related penalty if the taxpayer shows that he or she had reasonable cause for the understatement and acted in good faith. Reliance on the advice of a qualified tax professional may constitute reasonable cause if that reliance was reasonable and the taxpayer acted in good faith. Sec. 6664(c); sec. 1.6664- 4(a), Income Tax Regs. To establish good faith reliance on the advice of a competent adviser, a taxpayer must show that he or she provided the return preparer with complete and accurate information and an incorrect return resulted from the preparer’s mistake. Sec. 6662; DeCleene v. Commissioner, 115 T.C. 457, 477 (2000); Neonatology Associates, P.A. v. Commissioner, 115 T.C. 43, 99 (2000), affd. 299 F.3d 221 (3d Cir. 2002); sec. 1.6662- 3(a), Income Tax Regs. Petitioners contend that they gave Sawyer complete and accurate information to prepare their returns properly. We 6(...continued) amount of the mortgage and depreciation on the property at the time of the transfer were less than the $225,000 purchase price. Petitioners also have not shown why transfers to a bank add to petitioner’s basis in his FabuGlass stock. We conclude that the record contains insufficient information from which to compute petitioner’s basis.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011