-28- determination is incorrect. Higbee v. Commissioner, supra at 447. Petitioners failed to keep adequate records related to their business expenses, claimed highly inflated deductions, misreported the gain from the sale of the Berlin house, and failed to report the substantial gain from the sale of the South Point Road lot. Therefore, respondent has met his burden of production. An accuracy-related penalty is not imposed on any portion of the understatement as to which the taxpayer acted with reasonable cause and in good faith. Sec. 6664(c)(1). Reliance on the advice of a tax professional may constitute reasonable cause and good faith, if under all the facts and circumstances the reliance is reasonable and in good faith. Neonatology Associates, P.A. v. Commissioner, 115 T.C. 43, 98 (2000), affd. 299 F.3d 221 (3d Cir. 2002); sec. 1.6664-4(c)(1), Income Tax Regs. To qualify for this exception, a taxpayer must prove by a preponderance of the evidence: (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.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: March 27, 2008