William L. and Marsha G. Kidd - Page 13

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          with reasonable cause and in good faith.  Sec. 6664(c)(1).                  
          Whether a taxpayer acted as such is a factual determination, sec.           
          1.6664-4(b)(1), Income Tax Regs., for which the taxpayer’s effort           
          to assess the proper tax liability is an important consideration.           
               Here, respondent has met his burden of production in that              
          the understatement on petitioners’ return is “substantial” within           
          the meaning of section 6662(d)(1).  Petitioners argue that they             
          acted reasonably and in good faith towards the subject matter of            
          the deficiency.  We agree.  On the basis of the record before us,           
          we find that petitioners were cognizant as to the issue of the              
          taxability of the $132,000 and that they reasonably relied upon             
          the advice and representations of professionals to conclude that            
          the payment was not taxable.  United States v. Boyle, 469 U.S.              
          241, 250 (1985) (reasonable reliance on the advice of a competent           
          adviser may be a defense to the accuracy-related penalty).                  
          Although respondent notes correctly that petitioners did not heed           
          Boise’s advice to attach the 2000 Form 1099-MISC to their 2000              
          return, we know of no requirement (nor has respondent identified            
          any such requirement) that petitioners have attached that form to           
          their 2000 return.3  We also decline to find as a fact                      
          respondent’s assertion on brief that petitioners did not heed               
          Boise’s advice to include the $132,000 in their income.  The                


               3 We note our finding that Nageley did not withhold any                
          Federal income tax on the $132,000 payment that it made to Kidd.            





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