Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 216

                                        -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 that           







Page:  Previous  277  278  279  280  281  282  283  284  285  286  287  288  289  290  291  292  293  294  295  296  Next

Last modified: May 25, 2011