- 9 - 1998). In appropriate circumstances, nonetheless, a taxpayer's reliance on his accountant's preparation of the return, including the computations thereon, may constitute reasonable cause. See Harrison v. Commissioner, supra; Drummond v. Commissioner, supra. In order for a taxpayer's reliance on professional advice to constitute reasonable cause to negate a section 6662(a) accuracy- related penalty, the taxpayer must show that (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. Neonatology Associates, P.A. v. Commissioner, supra at 98; see also Charlotte's Office Boutique, Inc. v. Commissioner, 425 F.3d 1203, 1212 & n.8 (9th Cir. 2005), affg. 121 T.C. 89 (2003); Cramer v. Commissioner, 101 T.C. 225, 251 (1993), affd. 64 F.3d 1406 (9th Cir. 1995). On the basis of our review of all the facts and circumstances, we conclude that petitioner had reasonable cause with respect to the substantial understatement in this case. Except for the single error arising from the inadvertent double- deducting of Windsor's officer compensation, OSG competently prepared Windsor's and petitioner's returns for 2001; there is no evidence of other defects in either, for the year in issue or prior years. Thus, petitioner's reliance on OSG's competence was reasonably justified. Windsor, which petitioner controlled,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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