Thomas Joseph and Judith Jane Forristal - Page 6

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               Petitioners advance four arguments why they meet the                   
          reasonable cause and good faith exception to the penalty.  First,           
          they contend they relied on the accounting firm to prepare their            
          return.  Reliance on a return preparer may relieve a taxpayer               
          from the accuracy-related penalty where the taxpayer’s reliance             
          is reasonable.  ASAT, Inc. v. Commissioner, 108 T.C. 147, 176               
          (1997).  Reliance upon expert advice, however, will not exculpate           
          a taxpayer who supplies the return preparer with incomplete or              
          inaccurate information.  Id.; InverWorld, Inc. v. Commissioner,             
          T.C. Memo. 1996-301.  Because petitioners failed to provide the             
          accounting firm with the Form 1099-R, this exception to the                 
          accuracy-related penalty does not apply.                                    
               Second, petitioners may be arguing that it was reasonable to           
          misplace the Form 1099-R during the upheaval caused by their move           
          to Florida in the spring of 2002.  Even if the Form 1099-R was              
          misplaced, unavailability of information does not constitute                
          reasonable cause.  Crocker v. Commissioner, 92 T.C. 899, 913                
          (1989).  This is true even if the taxpayer does not receive an              
          information document such as a Form 1099-R.  See Goode v.                   
          Commissioner, T.C. Memo. 2006-48; Brunsman v. Commissioner, T.C.            
          Memo. 2003-291 (taxpayer did not need to receive a Form 1099 to             
          be alerted that he received income).  Petitioners received the              
          Form 1099-R and were aware of the need to report the retirement             







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