Michael W. Keller - Page 24

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          2(c), Income Tax Regs.  The penalties cannot be stacked, even               
          when the taxpayer’s understatement of income is attributable to             
          more than one of the types of misconduct listed in section                  
          6662(b).  Id.  Because petitioner’s underpayments of tax were the           
          result of either gross valuation misstatements or negligence, we            
          need not consider whether those underpayments were also the                 
          result of substantial understatements of income tax.                        
          F.   Alleged Defenses to the Accuracy-Related Penalties                     
               1.   Section 6664(c)(1):  Reasonable Cause                             
               No penalty is imposed under section 6662 if the taxpayer had           
          reasonable cause for the underpayment of tax and acted in good              
          faith.  Sec. 6664(c)(1).  “The determination of whether a                   
          taxpayer acted with reasonable cause and in good faith is made on           
          a case-by-case basis, taking into account all pertinent facts and           
          circumstances.”  Sec. 1.6664-4(b)(1), Income Tax Regs.  The                 
          extent of the taxpayer’s efforts to ascertain his proper tax                
          liability is generally the most important factor.  Id.                      
                    a.   Reliance on the Hoyt Organization                            
               Good faith reliance on professional advice concerning tax              
          laws may be a defense to negligence penalties.  United States v.            
          Boyle, 469 U.S. 241, 250-251 (1985); see also sec. 1.6664-                  
          4(b)(1), Income Tax Regs.  However, “Reliance on professional               
          advice, standing alone, is not an absolute defense to negligence,           
          but rather a factor to be considered.”  Freytag v. Commissioner,            






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