- 28 - 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.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011