Mary Jane Sylve, Petitioner, and Norman V. Sylve, Intervenor - Page 18

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          basis, taking into account all the pertinent facts and                      
          circumstances.  See sec. 1.6664-4(b)(1), Income Tax Regs.                   
               Reasonable cause requires that the taxpayer have exercised             
          ordinary business care and prudence as to the disputed item.  See           
          United States v. Boyle, supra; see also Estate of Young v.                  
          Commissioner, 110 T.C. 297, 317 (1998).  Good faith, reasonable             
          reliance on the advice of an independent, competent professional            
          as to the tax treatment of an item may meet this requirement.               
          See United States v. Boyle, supra; sec. 1.6664-4(b), Income Tax             
          Regs.; see also Richardson v. Commissioner, 125 F.3d 551 (7th               
          Cir. 1997), affg. T.C. Memo. 1995-554; Ewing v. Commissioner, 91            
          T.C. 396, 423 (1988), affd. without published opinion 940 F.2d              
          1534 (9th Cir. 1991).                                                       
               It is obvious to us that petitioner (and intervenor for that           
          matter) relied entirely on the advice and recommendations of                
          counsel with respect to the filing of the 1998 joint return.  We            
          are satisfied that, under the circumstances, her (their) reliance           
          was reasonable and in good faith.  Accordingly, we hold that                
          petitioner is not liable for a section 6662(a) accuracy-related             
          penalty for 1998.                                                           
               Reviewed and adopted as the report of the Small Tax                    
          Division.                                                                   









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