Perry Alan Pedersen - Page 8




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          determination of reasonable cause and good faith “is made on a              
          case-by-case basis, taking into account all pertinent facts and             
          circumstances.”  Sec.  1.6664-4(b)(1), Income Tax Regs.                     
               Reliance upon the advice of a tax professional may, but does           
          not necessarily, establish reasonable cause and good faith for              
          the purpose of avoiding a section 6662(a) penalty.  See United              
          States v. Boyle, 469 U.S. 241, 251 (1985) (“Reliance by a lay               
          person on a lawyer is of course common; but that reliance cannot            
          function as a substitute for compliance with an unambiguous                 
          statute.”).  Such reliance does not serve as an “absolute                   
          defense”; it is merely a “factor to be considered.”  Freytag v.             
          Commissioner, supra at 888.  The caselaw sets forth the following           
          three requirements in order for a taxpayer to use reliance on a             
          tax professional to avoid liability for a section 6662(a)                   
          penalty: (1) The adviser was a competent professional who had               
          sufficient expertise to justify reliance, (2) the taxpayer                  
          provided necessary and accurate information to the tax adviser,             
          and (3) the taxpayer actually relied in good faith on the                   
          adviser's advice.  See Neonatology Associates, P.A. v.                      
          Commissioner, 115 T.C. 43, 99 (2000), affd. 299 F.3d 221 (3d Cir.           
          2002).                                                                      
               In this case, the notice of deficiency included the                    
          imposition of a $1,068.00 section 6662(a) penalty on the basis              
          that there was a substantial understatement of petitioner’s                 







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