Mark Spitz - Page 21

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          judgment.  Neonatology Associates, P.A. v. Commissioner, supra at           
          98-99.                                                                      
               Petitioner asserts a reliance defense as the basis for                 
          relief from liability under section 6662(a).  Petitioner hired              
          Mr. Isaacson, an attorney with an LL.M. in taxation who                     
          specializes in Federal tax law, and provided him with all the               
          necessary and accurate information with respect to all items                
          reported on his returns.  Using the information provided, Mr.               
          Isaacson prepared a tax opinion letter which represented to                 
          petitioner there was a reasonable legal basis to fully deduct and           
          carry back AMT losses for the years at issue.  Relying in good              
          faith upon this advice, petitioner hired Mr. Isaacson to prepare            
          his 2000 amended return, which respondent accepted; subsequent              
          2000 amended returns; 2001 return; and subsequent 2001 amended              
          return.                                                                     
               The deficiencies at issue were determined from the positions           
          reported in the returns Mr. Isaacson prepared on behalf of                  
          petitioner.  Petitioner is unsophisticated in Federal tax law.              
          For the foregoing reasons, the Court concludes petitioner                   
          reasonably and in good faith relied on the advice of a competent            
          professional and holds petitioner is not liable for the section             
          6662(a) penalties.                                                          









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