T.P. and Najieh R. Crigler - Page 18




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          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.                                                         




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