Robert C. and Gail K. Racine - Page 17

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          preparation of a tax return.  Sec. 6662(c); Gowni v.                        
          Commissioner, T.C. Memo. 2004-154.  The term “disregard” includes           
          any careless, reckless, or intentional disregard.  Sec. 6662(c);            
          sec. 1.6662-3(b)(1) and (2), Income Tax Regs.  An accuracy-                 
          related penalty will not be imposed with respect to any portion             
          of an underpayment as to which the taxpayer acted with reasonable           
          cause and in good faith.  Sec. 6664(c)(1); sec. 1.6664-4(b),                
          Income Tax Regs.  The Commissioner has the burden of production             
          with respect to the penalty, but the taxpayer retains the burden            
          of establishing reasonable cause.  Sec. 7491(c); Higbee v.                  
          Commissioner, 116 T.C. 438 (2001).                                          
               The determination of whether a taxpayer acted with                     
          reasonable cause and in good faith depends on the pertinent facts           
          and circumstances, including the taxpayer’s efforts to assess his           
          or her proper tax liability, the knowledge and experience of the            
          taxpayer, and the reliance on the advice of a professional.  Sec.           
          1.6664-4(b)(1), Income Tax Regs.  When a taxpayer selects a                 
          competent tax adviser and supplies him or her with all relevant             
          information, it is consistent with ordinary business care and               
          prudence to rely upon the adviser’s professional judgment as to             
          the taxpayer’s tax obligations.  United States v. Boyle, 469 U.S.           
          241, 250-251 (1985).  Moreover, a taxpayer who seeks the advice             
          of an adviser does not have to challenge the adviser’s                      







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