Howard J. Kaplan and Brenda L. Kaplan, et al. - Page 48

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          under all the circumstances, such reliance was reasonable and the           
          taxpayer acted in good faith.  Sec. 1.6664-4(b)(1), Income Tax              
          Regs.  In this connection, a taxpayer must demonstrate that the             
          taxpayer’s reliance on the advice of a professional concerning              
          substantive tax law was objectively reasonable.  Goldman v.                 
          Commissioner, 39 F.3d 402, 408 (2d Cir. 1994), affg. T.C. Memo.             
          1993-480.  In the case of claimed reliance on the accountant who            
          prepared the taxpayer’s tax return, the taxpayer must establish             
          that correct and complete information was provided to the accoun-           
          tant and that the item incorrectly omitted, claimed, or reported            
          in the return was the result of the accountant’s error.  See                
          Westbrook v. Commissioner, 68 F.3d 868, 881 (5th Cir. 1995),                
          affg. T.C. Memo. 1993-634; Weis v. Commissioner, 94 T.C. 473, 487           
          (1990); Ma-Tran Corp. v. Commissioner, 70 T.C. 158, 173 (1978).             
               Respondent has the burden of production under section                  
          7491(c) with respect to the accuracy-related penalty under                  
          section 6662(a).  To meet that burden, respondent must come                 
          forward with sufficient evidence showing that it is appropriate             
          to impose the accuracy-related penalty.  Higbee v. Commissioner,            
          116 T.C. 438, 446 (2001).  Although respondent bears the burden             
          of production with respect to the accuracy-related penalty at               
          issue, respondent “need not introduce evidence regarding reason-            
          able cause, substantial authority, or similar provisions. * * *             
          the taxpayer bears the burden of proof with regard to those                 






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