Philip T. and Mary Ellen Chaplin - Page 27

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          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 perceived                  





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