- 8 - income tax for the 2002 taxable year. Petitioner does not contest that he substantially understated his 2002 income tax. The vast majority of that understatement was attributable to petitioner’s failure to report $73,313.30 in wages on his income tax return for that year. Although petitioner also failed to report $15 in dividend income and improperly claimed a $7,584 Schedule E passive activity loss, all of petitioner’s and respondent’s arguments, at trial and in their briefs, focus on petitioner’s failure to report the $73,313.30 in wages. With respect to the first prong of the Neonatology, test, we conclude that petitioner has established that his accountant was a competent professional who had sufficient expertise to justify reliance.4 See Neonatology Associates, P.A. v. Commissioner, supra at 99. With respect to the second prong of the Neonatology test, Mr. Beail’s letters make clear that petitioner did provide Mr. Beail with both Forms W-2. Because petitioner’s failure to report all of his wages is the sole basis argued by respondent to support the imposition of a penalty in this case, petitioner has satisfied the second prong of the Neonatology test. 4 Mr. Beail’s letters indicate that he is a certified public accountant, and records of the Washington State Board of Accountancy, which this Court will take judicial notice of, indicate that Mr. Beail is currently licensed to practice public accounting. In addition, the Supreme Court has held that accountants, like attorneys, are professionals upon whom taxpayers can rely for advice “on a matter of tax law, such as whether a liability exists.” United States v. Boyle, 469 U.S. 241, 251 (1985).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007