Conrad Janis and Maria G. Janis - Page 29

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          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 the                 






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