Raleigh Cox and Brenda J. Cox - Page 9

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          deficiency, the Commissioner does not specify why he imposed the            
          penalty, but there are only two possibilities:  (1) negligence;             
          or (2) a substantial understatement.                                        
               Part of this penalty will disappear with the portion of the            
          underpayment traceable to the cash purchases that we have                   
          allowed. Section 6664 may provide a defense to the remainder--              
          under either the negligence or substantial understatement                   
          theory--“if it is shown that there was a reasonable cause * * *             
          and that the taxpayer acted in good faith.”  Sec. 6664(c)(1).               
          The regulations issued under this section require that our                  
          analysis be conducted “on a case-by-case basis, taking into                 
          account all pertinent facts and circumstances.”  Sec. 1.6664-               
          4(b), Income Tax Regs.                                                      
               The crucial fact here is that the Coxes relied in good faith           
          on Spiller to correctly prepare their tax return based on the               
          financial records and receipts they gave him.  This was                     
          reasonable--he was a former IRS auditor, and had competently done           
          their taxes in the past before his evidently rapid decline and              
          death.  While a taxpayer cannot hide behind a tax preparer or               
          adviser, we have often held that a taxpayer who supplies his                
          preparer with accurate information relating to the return is not            
          negligent in relying upon the preparer’s advice.  Kurzet v.                 
          Commissioner, T.C. Memo. 1997-54, affd., revd., and remanded on             
          other issues, 222 F.3d 830 (10th Cir. 2000).  We do not fault the           
          Coxes for the errors on their return when the mistakes stemmed              




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