Walter and Susan Moore - Page 33




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          the issue was novel as of the time that the taxpayers filed their           
          tax return for the year at issue there.7                                    
               We agree with petitioners that they are not liable for the             
          accuracy-related penalty at issue.  Such an accuracy-related                
          penalty is not imposed upon any portion of an underpayment as to            
          which a taxpayer acted with reasonable cause and in good faith.             
          Sec. 6664(c)(1).  Whether the taxpayer satisfies those tests is a           
          factual determination, where the taxpayer’s effort to assess the            
          taxpayer’s proper tax liability is a very important                         
          consideration.  Sec. 1.6664-4(b)(1), Income Tax Regs.  Reliance             
          on the advice of a tax professional may constitute reasonable               
          cause and good faith if, under all facts and circumstances, the             
          reliance is reasonable and the taxpayer acted in good faith.  See           
          Neonatology Associates, P.A. v. Commissioner, 115 T.C. 43, 98               


               7 Petitioners also argue at length that respondent’s                   
          determination of the accuracy-related penalty is “null and void”.           
          This is so, petitioners assert, because the notice of deficiency            
          neither shows specifically that respondent considered the                   
          reasonable cause exception of sec. 6664, nor explains why that              
          exception was determined not to be applicable to this case.  As             
          petitioners see it, such a showing and explanation in the notice            
          of deficiency is required by the Omnibus Budget Reconciliation              
          Act of 1989 (OBRA), Pub. L. 101-239, 103 Stat. 2106, as discerned           
          from the legislative history thereunder (specifically, H. Rept.             
          101-247, at 1393 (1989)).  We disagree with this argument.  We              
          read nothing in OBRA that requires that the inclusion of an                 
          accuracy-related penalty in a notice of deficiency, to be valid,            
          must be accompanied by a specific showing that respondent                   
          considered the reasonable cause exception of sec. 6664 and an               
          explanation as to why that exception was determined to be                   
          inapplicable.  See also Facq v. Commissioner, T.C. Memo.                    
          2006-111.                                                                   





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