Delaware Corp., et al. - Page 54

                                       - 54 -                                         
          ual if it exceeds the greater of 10 percent of the tax required             
          to be shown or $5,000, sec. 6662(d)(1)(A), and (2) in the case of           
          a corporation if it exceeds the greater of 10 percent of the tax            
          required to be shown or $10,000, sec. 6662(d)(1)(B).                        
               The accuracy-related penalty under section 6662(a) does not            
          apply to any portion of an underpayment if it is shown that there           
          was reasonable cause for, and that the taxpayer acted in good               
          faith with respect to, such portion.  Sec. 6664(c)(1).  The                 
          determination of whether the taxpayer acted with reasonable cause           
          and in good faith depends on the pertinent facts and circum-                
          stances, including the taxpayer’s efforts to assess his or her              
          proper tax liability, the knowledge and experience of the tax-              
          payer, and the reliance on the advice of a professional, such as            
          an accountant.  Sec. 1.6664-4(b)(1), Income Tax Regs.  Reliance             
          on the advice of a professional, such as an accountant, does not            
          necessarily demonstrate reasonable cause and good faith, unless,            
          under all the circumstances, such reliance was reasonable and the           
          taxpayer acted in good faith.  Id.  In the case of claimed                  
          reliance on the accountant who prepared the taxpayer’s tax                  
          return, the taxpayer must establish that correct information was            
          provided to the accountant and that the item incorrectly omitted,           
          claimed, or reported in the return was the result of the accoun-            
          tant’s error.  Westbrook v. Commissioner, 68 F.3d 868, 881 (5th             
          Cir. 1995), affg. T.C. Memo. 1993-634; Weis v. Commissioner, 94             






Page:  Previous  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  Next

Last modified: May 25, 2011