-33- 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.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 NextLast modified: November 10, 2007