Homer L. Richardson - Page 59

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          any failure by the taxpayer to keep adequate books and records or           
          to substantiate items properly.”  Sec. 1.6662-3(b)(1), Income Tax           
          Regs.                                                                       
               An exception to the section 6662(a) penalty is set forth in            
          section 6664(c)(1) and reads:  “No penalty shall be imposed under           
          this part with respect to any portion of an underpayment if it is           
          shown that there was a reasonable cause for such portion and that           
          the taxpayer acted in good faith with respect to such portion.”             
               Regulations interpreting section 6664(c) state:                        
               The determination of whether a taxpayer acted with                     
               reasonable cause and in good faith is made on a case-                  
               by-case basis, taking into account all pertinent facts                 
               and circumstances. * * * Generally, the most important                 
               factor is the extent of the taxpayer’s effort to assess                
               the taxpayer’s proper tax liability. * * * [Sec.                       
               1.6664-4(b)(1), Income Tax Regs.]                                      
               Reliance upon the advice of a tax professional may, but does           
          not necessarily, demonstrate reasonable cause and good faith in             
          the context of the section 6662(a) penalty.  Id.; see also United           
          States v. Boyle, 469 U.S. 241, 251 (1985); Freytag v.                       
          Commissioner, supra at 888.  Such reliance is not an absolute               
          defense, but it is a factor to be considered.  Freytag v.                   
          Commissioner, supra at 888.                                                 
               In order for this factor to be given dispositive weight, the           
          taxpayer claiming reliance on a professional must show, at                  
          minimum:  “(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             




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