- 5 - 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 retirementPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011