Crystal K. Abeyta and Ron L. Abeyta - Page 19

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               Petitioners’ accountant had been preparing their returns for           
          approximately 19 years including preparing the return at issue.             
          When petitioners signed the closing agreement in 1998, they                 
          provided a copy to their accountant.  A review of petitioners’              
          2000 return reveals that petitioners submitted to their                     
          accountant all the information necessary for their accountant to            
          provide tax advice and prepare the return.  In particular,                  
          petitioners sought advice from their accountant whether they were           
          entitled to any exclusions.  Unsure as to their entitlement,                
          petitioners paid their accountant to research these specific                
          issues.  After such research, petitioners’ accountant concluded             
          that they were so entitled and prepared the returns excluding               
          income under sections 119 and 912 from petitioners’ gross income.           
          Therefore, we find that petitioners reasonably and in good faith            
          relied on the advice of their accountant.  Accordingly, we hold             
          that petitioners were not negligent in relying on their                     
          accountant and thus are not liable for the accuracy-related                 
          penalty under section 6662(a).                                              
                                     Conclusion                                       
               We have considered all of the other arguments made by the              
          parties, and, to the extent that we have not specifically                   
          addressed them, we conclude that they are without merit.                    









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