- 52 - competent tax professionals, and the taxpayer’s efforts to assess his proper tax liability. Sec. 1.6664-4(b)(1), Income Tax Regs. Petitioner testified that before forming the trusts, he spoke with his former tax return preparer, who was not familiar with trusts, met with a company called the Independent Trust Consultants, and “read as much material as [he] could from libraries.” Petitioner also testified that he hired his tax return preparer because she was “familiar with estates and trusts [and] Form 1041”, but he did not ascertain her level of education. The Gouveias introduced no other evidence of their knowledge or degree of experience in tax matters. Moreover, petitioner’s testimony does not establish that anyone with whom the Gouveias consulted provided any advice upon which they relied or that the Gouveias made any sincere effort to determine whether the trust arrangement would be respected for Federal income tax purposes. Because the Gouveias have not demonstrated that they acted in good faith and that there was reasonable cause for the underpayment, we sustain respondent’s determination that the Gouveias are liable for the accuracy-related penalty under section 6662(a) for 1995, 1996, 1997, and 1998 on any underpayment of income tax attributable to unreported income from the Pago and McKenzie Trusts.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
Last modified: May 25, 2011