Patrick M. Shannon - Page 22

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          neglect.  In this connection, petitioner alleged in the petition:           
               Petitioner demonstrated prudence by engaging a CPA to                  
               advise him on his personal and business tax matters.                   
               The Petitioner relied on the advice of his former CPA,                 
               who gave assurance that application of subsequent                      
               taxable years’ tax overpayments to the Petitioner’s                    
               1999 underpayment would result in elimination of his                   
               tax liability for 1999.  While this advice was clearly                 
               erroneous, the Petitioner had no way of knowing this                   
               fact and was in no condition to challenge this advice.                 
               Had petitioner been correctly advised by this former                   
               CPA, Petitioner would have taken the correct action,                   
               request that this be considered in determining the                     
               appropriateness of the application of the failure to                   
               pay penalty.  [Reproduced literally.]                                  
               Assuming arguendo that a certified public accountant advised           
          petitioner that he did not have to pay the tax shown due in the             
          1999 return when that return was sent to respondent around March            
          18, 2003, we reject any argument by petitioner that any reliance            
          by him on such advice establishes that his failure to pay timely            
          the tax shown in that return was due to reasonable cause and not            
          to willful neglect.  The last date prescribed for the timely                
          payment of tax for petitioner’s taxable year 1999 was April 15,             
          2000.  Secs. 6072(a), 6151(a).  The standard for reasonable cause           
          under section 6651(a)(2) is a one-time test to be passed or                 
          failed as of the due date for the tax payment.10  In order to               
          establish that his failure to pay timely the tax shown in the               
          1999 return was due to reasonable cause and not to willful                  
          neglect, petitioner must show that reasonable cause existed on              

               10See Estate of Hartsell v. Commissioner, T.C. Memo. 2004-             
          211.                                                                        




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