-287- particulars of the transaction between the Ackerman group and CDR or otherwise indicate that the banks had the tax bases that Mr. Lerner later claimed for the SMHC receivables. In trying to meet the reasonable cause exception, petitioner focuses principally on his purported reliance on “outside” professional tax advice. Reliance on the advice of a professional tax adviser constitutes reasonable cause and good faith if, under all the circumstances, the reliance was reasonable and the taxpayer acted in good faith. Sec. 1.6664- 4(b)(1), Income Tax Regs.; cf. United States v. Boyle, 469 U.S. 241 (1985). All facts and circumstances must be taken into account in determining whether a taxpayer has reasonably relied in good faith on the opinion of a professional tax adviser as to the treatment of the taxpayer (or any entity, plan, or arrangement) under Federal tax law. Sec. 1.6664-4(c)(1), Income Tax Regs. The advice must be based upon all pertinent facts and circumstances and the law as it relates to those facts and circumstances. Sec. 1.6664-4(c)(1)(i), Income Tax Regs. For example, the advice must take into account the taxpayer’s purposes (and the relative weight of such purposes) for entering into a transaction and for structuring a transaction in a particular manner. Id. In addition, the taxpayer cannot establish reasonable reliance if he fails to disclose a fact thatPage: Previous 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 Next
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