- 27 - 98-99; see sec. 1.6664-4(c)(1), Income Tax Regs. For a taxpayer to reasonably rely on the advice of a professional, the taxpayer must show: (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 98-99. Petitioners argue they relied on the advice of a tax professional in determining how to treat the legal fees. However, petitioners did not call their tax professional as a witness, nor did they introduce evidence which would allow the Court to evaluate the tax professional’s expertise. Because petitioners have not established their tax professional was a competent professional who had sufficient expertise to justify reliance, petitioners have not shown they acted with reasonable cause and in good faith. See sec. 6664(c)(1); Neonatology Associates, P.A. v. Commissioner, supra at 98-99. Finally, petitioners’ argument that they should not be held responsible for the accuracy-related penalty because they are already being penalized by the AMT is without merit. This Court has previously stated: The unfortunate consequences of the AMT in various circumstances have been litigated since shortly after the adoption of the AMT. In many different contexts, literal application of the AMT has led to a perceivedPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011