William A. Egan - Page 14

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               When a taxpayer selects a competent tax adviser and supplies           
          him or her with all relevant information, it is consistent with             
          ordinary business care and prudence to rely upon the adviser’s              
          professional judgment as to the taxpayer’s tax obligations.                 
          United States v. Boyle, 469 U.S. 241, 250-251 (1985).  To prove             
          reasonable cause due to reliance on the advice of a tax adviser,            
          however, the taxpayer must show that the adviser was a competent            
          professional with sufficient expertise to justify reliance.                 
          Neonatology Associates, P.A. v. Commissioner, 115 T.C. 43, 99               
          (2000), affd. 299 F.3d 221 (3d Cir. 2002); Ellwest Stereo                   
          Theatres v. Commissioner, T.C. Memo. 1995-610.                              
               Petitioner bears the burden of proof with respect to the               
          defenses to the accuracy-related penalty.  Higbee v.                        
          Commissioner, supra.  Petitioner has not proven that either his             
          attorneys or accountants, on whom he claims to have relied, were            
          competent professionals with sufficient expertise to justify                
          reliance or that he provided them with all relevant information.            
          See Ellwest Stereo Theatres v. Commissioner, supra.  Petitioner             
          introduced no evidence of the identity of the attorneys on whom             
          he relied, much less their qualifications and expertise in terms            
          of tax matters.  See id.  We therefore do not find that                     
          petitioner has shown these advisers to be competent professionals           
          with significant expertise so that his reliance on them is                  
          justified.  See Neonatology Associates, P.A. v. Commissioner,               
          supra; Ellwest Stereo Theatres v. Commissioner, supra.                      






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