L.S. Vines - Page 22

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          Mr. Pearce has over 30 years of experience in tax and accounting,           
          has held numerous leadership positions within his field and had             
          extensive knowledge of petitioner’s trading activities and losses           
          from those activities.                                                      
               Section 301.9100-3(b)(3) provides three exceptions to the              
          general rule stated in paragraph (b)(1) above.  A taxpayer will             
          be deemed not to have acted reasonably and in good faith if the             
          taxpayer:                                                                   
               (i) Seeks to alter a return position for which an                      
               accuracy-related penalty has been or could be imposed                  
               under section 6662 at the time the taxpayer requests                   
               relief (taking into account any qualified amended                      
               return filed within the meaning of � 1.6664-2(c)(3) of                 
               this chapter) and the new position requires or permits                 
               a regulatory election for which relief is requested;                   
               (ii) Was informed in all material respects of the                      
               required election and related tax consequences, but                    
               chose not to file the election; or                                     
               (iii) Uses hindsight in requesting relief.  If specific                
               facts have changed since the due date for making the                   
               election that make the election advantageous to a                      
               taxpayer, the IRS will not ordinarily grant relief.  In                
               such a case, the IRS will grant relief only when the                   
               taxpayer provides strong proof that the taxpayer’s                     
               decision to seek relief did not involve hindsight.                     
          The first two exceptions of section 301.9100-3(b)(3), Proced. &             
          Admin. Regs., do not apply.  The parties dispute whether                    



               13(...continued)                                                       
          have reasonably relied on a qualified tax professional if the               
          taxpayer knew or should have known that the professional was not            
          (i) competent to render advice on the election, or (ii) aware of            
          all relevant facts.                                                         





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