- 29 - Sec. 1.6664-4(b)(1), Income Tax Regs. Relevant factors include the taxpayer’s efforts to assess his proper tax liability, including the taxpayer’s reasonable and good faith reliance on the advice of a tax professional. See id.; see also sec. 1.6664-4(c), Income Tax Regs. The evidence in this case shows that Carroll and Donna reasonably and in good faith relied on Silverman’s advice as to using the collection’s undiscounted value to calculate the gallery’s COGS. Silverman had had a long relationship with Carroll and Donna and with the gallery. Carroll, although well educated, testified that he did not have any special training or knowledge with respect to the subject of Federal income taxes. Moreover, Carroll trusted Silverman with the gallery’s books and records and his personal financial matters. Accordingly, we believe that Carroll respected Silverman’s judgment when it came to tax matters and that this trust extended to Silverman’s explanation of the applicability of the reasoning of Augustus v. Commissioner, 40 B.T.A. 1201 (1939), to petitioners’ situation. Therefore, the imposition of a section 6662(a) penalty is not warranted with respect to Carroll and Donna. Neither Conrad nor Maria was present at trial, and the record does not establish whether either of them spoke with Silverman directly about Augustus. There is evidence, however, that Silverman met with Conrad’s attorney and discussed thePage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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