- 4 - Generally, the most important factor is the extent of the taxpayer’s efforts to evaluate his proper tax liability. Id. Reliance on the advice of a professional tax adviser does not necessarily demonstrate reasonable cause and good faith. Id. The responsibility to file returns and pay tax when due rests upon the taxpayer and cannot be delegated, and the taxpayer, generally, must bear the consequences of any negligent errors committed by his or her agent. Pritchett v. Commissioner, 63 T.C. 149, 173-175 (1974); Ellwest Stereo Theatres, Inc. v. Commissioner, T.C. Memo. 1995-610. For a taxpayer to rely reasonably upon advice so as to negate a section 6662(a) accuracy-related penalty determined by the Commissioner, the taxpayer must prove by a preponderance of the evidence that the taxpayer meets all of the following requirements: (1) The adviser was a competent professional who had sufficient expertise to justify reliance, (2) the taxpayer provided necessary and accurate information to the adviser, and (3) the taxpayer actually relied in good faith on the adviser’s judgment. See Neonatology Associates, P.A. v. Commissioner, 115 T.C. 43, 99 (2000), affd. 299 F.3d 221 (3d Cir. 2002); Ellwest Stereo Theatres v. Commissioner, supra. Petitioner testified that, in the preparation of her tax return, she submitted “everything” to her C.P.A. Once the return had been prepared, petitioner signed it without reviewing thePage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011