Hugh G. and Norma J. King - Page 28

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               2.   Whether Petitioners Relied on Disinterested                       
                    Professionals                                                     
               A taxpayer is not liable for the accuracy-related penalty              
          under section 6662(a) and (b)(1) if he or she reasonably relied             
          in good faith on advice of a competent and independent expert or            
          tax professional who had all the information.  See United States            
          v. Boyle, 469 U.S. 241, 250 (1985); Schwalbach v. Commissioner,             
          111 T.C. 215, 230 (1998).  Petitioners contend that they are not            
          liable for the accuracy-related penalty under section 6662 for              
          1995-97 because they made complete disclosures to their                     
          accountants and tax professionals and relied on their advice in             
          filing the returns.  We disagree.                                           
               Petitioners bear the burden of proving that they acted with            
          reasonable cause and in good faith.  Higbee v. Commissioner, 116            
          T.C. 438, 446-449 (2001).  Petitioners have not shown that Ms.              
          Williams from H&R Block, or Mr. Ingram, their C.P.A. at the time,           
          had all the information needed to prepare petitioners’ returns              
          for the years in issue.  Mrs. King gave H&R Block the total                 
          amounts of sales, purchases, and expenses; she did not give them            
          supporting documents.  We conclude that petitioners’ return                 
          preparers did not have all necessary information.                           











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