Lampanh and Sykhane Pchan - Page 8

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          the Court that the Commissioner’s determination is incorrect.               
          Higbee v. Commissioner, supra at 446-447.                                   
               The accuracy-related penalty is not imposed with respect to            
          any portion of the understatement as to which the taxpayer acted            
          with reasonable cause and in good faith.  See sec. 6664(c)(1).              
          The decision as to whether the taxpayer acted with reasonable               
          cause and in good faith depends upon all the pertinent facts and            
          circumstances.  See sec. 1.6664-4(b)(1), Income Tax Regs.                   
          Generally, the most important factor is the extent of the                   
          taxpayer’s efforts to evaluate his proper tax liability.  Id.               
               The taxpayer, generally, must bear the consequences of any             
          negligent errors committed by his or her agent.  Pritchett v.               
          Commissioner, 63 T.C. 149, 173-175 (1974); Ellwest Stereo                   
          Theatres v. Commissioner, T.C. Memo. 1995-610.  For a taxpayer to           
          rely reasonably upon advice so as to negate a section 6662(a)               
          accuracy-related penalty determined by the Commissioner, the                
          taxpayer must prove by a preponderance of the evidence that the             
          taxpayer meets all of the following requirements:  (1) The                  
          adviser was a competent professional who had sufficient expertise           
          to justify reliance, (2) the taxpayer provided necessary and                
          accurate information to the adviser, and (3) the taxpayer                   
          actually relied in good faith on the adviser’s judgment.  See               
          Neonatology Associates, P.A. v. Commissioner, 115 T.C. 43, 99               







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