Perry Funeral Home, Inc. - Page 25

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               the taxpayer’s proper tax liability. * * * [Sec.                       
               1.6664-4(b)(1), Income Tax. Regs.]                                     
               Reliance upon the advice of an expert tax preparer may, but            
          does not necessarily, demonstrate reasonable cause and good faith           
          in the context of the section 6662(a) penalty.  Id.; see also               
          United States v. Boyle, 469 U.S. 241, 251 (1985); Freytag v.                
          Commissioner, supra at 888.  Such reliance is not an absolute               
          defense, but it is a factor to be considered.  Freytag v.                   
          Commissioner, supra at 888.                                                 
               In order for this factor to be given dispositive weight, the           
          taxpayer claiming reliance on a professional must show, at                  
          minimum, that (1) the preparer was supplied with correct                    
          information and (2) the incorrect return was a result of the                
          preparer’s error.  See, e.g., Westbrook v. Commissioner, 68 F.3d            
          868, 881 (5th Cir. 1995), affg. T.C. Memo. 1993-634; Cramer v.              
          Commissioner, 101 T.C. 225, 251 (1993), affd. 64 F.3d 1406 (9th             
          Cir. 1995); Ma-Tran Corp. v. Commissioner, 70 T.C. 158, 173                 
          (1978); Pessin v. Commissioner, 59 T.C. 473, 489 (1972).                    
               As previously indicated, section 7491(c) places the burden             
          of production on the Commissioner.  The Commissioner satisfies              
          this burden by “com[ing] forward with sufficient evidence                   
          indicating that it is appropriate to impose the relevant penalty”           
          but “need not introduce evidence regarding reasonable cause,                
          substantial authority, or similar provisions.”  Higbee v.                   







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