- 6 - penalty, petitioner must establish that he had reasonable cause and acted in good faith with respect to the claimed Schedule C loss. The general rule is that taxpayers have a duty to file complete and accurate tax returns and cannot avoid the duty by placing responsibility with an agent. United States v. Boyle, 469 U.S. 241, 252 (1985); Metra Chem Corp. v. Commissioner, 88 T.C. 654, 662 (1987). However, in limited situations, the good faith reliance on the advice of an independent, competent professional in the preparation of the tax return can satisfy the reasonable cause and good faith exception. United States v. Boyle, supra at 250-251; Weis v. Commissioner, 94 T.C. 473, 487 (1990). The reliance must be reasonable, in good faith, and based on full disclosure. United States v. Boyle, supra at 250- 251; Weis v. Commissioner, supra. Petitioner testified that the activity reported on Schedule C was related to a pyramid scheme run by “The Tax People”. Petitioner testified that he was recruited by participants in the scheme and attended a seminar describing the activity. Petitioner initially invested $300 and then paid $25 per month to participate in the activity. The only way for petitioner to accumulate money was if he recruited other people to join the 5(...continued) are relatively minor in amount and do not impact the finding that there was a substantial understatement of income tax.Page: Previous 1 2 3 4 5 6 7 8 Next
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