- 26 - Petitioner argues: Hoyt made certain that Petitioner was aware of outside counsel by referencing outside counsel in newsletters and other documents * * *. Hoyt made certain that Petitioner (and other Hoyt investors) were aware that Mr. MacDonald and Mr. Dismukes were the attorneys who had won Bales * * *. In light of Petitioner’s lack of sophistication, his reliance on the tax professionals that won the Bales case is even more understandable. Therefore, the negligence penalty is also inappropriate due to Petitioner[’s] reasonable reliance on the Hoyt outside advisors. Whether or not petitioner was aware that Hoyt had “outside advisors”, there is no evidence that petitioner sought or received advice directly from these “outside advisors”. The advisors were hired by Hoyt, and any advice that petitioner may have received from them was filtered through Hoyt. Petitioner testified that he did not seek advice from tax attorneys or accountants outside of the Hoyt organization. Petitioner’s reliance on Hoyt, Laguna, and persons hired by Hoyt, coupled with his failure to seek independent advice, was unreasonable. b. Honest Misunderstanding of Fact Reasonable cause and good faith under section 6664(c) may be indicated where there is “an honest misunderstanding of fact or law that is reasonable in light of all the facts and circumstances, including the experience, knowledge and education of the taxpayer.” Sec. 1.6664-4(b)(1), Income Tax Regs. However, “reasonable cause and good faith is not necessarilyPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011