Dennis L. Rogers and Charlotte Rogers - Page 12

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          C.   Whether Petitioners Are Liable for the Accuracy-Related                
               Penalty                                                                
               A taxpayer is not liable for the accuracy-related penalty              
          under section 6662(a) and (b)(1) if there was reasonable cause              
          for the underpayment and the taxpayer acted in good faith.  Sec.            
          6664(c)(1); sec. 1.6664-4(a), Income Tax Regs.  Reliance in good            
          faith by the taxpayer on the advice of a qualified adviser may              
          constitute reasonable cause.  Sec. 1.6664-4(b)(1), Income Tax               
          Regs.                                                                       
               Petitioners contend that they are not liable for the                   
          accuracy-related penalty under section 6662(a) and (b)(1) because           
          they reasonably relied in good faith on Dunning, their C.P.A. and           
          return preparer.5  Sec. 6664(c)(1).  We disagree.  Petitioners              
          could not reasonably have believed that they could use the trusts           
          to eliminate all of their self-employment tax liabilities for               
          1997 and 1998 and all or almost all of their Federal income tax             
          liabilities for those years.  Tax benefits of this magnitude                
          should have caused petitioners to question the validity of the              
          trust scheme.  See Collins v. Commissioner, 857 F.2d 1383, 1386             
          (9th Cir. 1988), affg. Dister v. Commissioner, T.C. Memo.                   
          1987-217; Gale v. Commissioner, T.C. Memo. 2002-54.  In such                
          cases, taxpayers have a duty to reasonably inquire into the                 

               5  Petitioners contend that respondent bears the burden of             
          proof under sec. 7491(a).  We need not decide which party bears             
          the burden of proof because the outcome in this case does not               
          depend on the burden of proof.                                              




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