Perry Alan Pedersen - Page 9




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          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).                                                            





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