William C. and Dorothy M. Smith - Page 27




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          6662(b)(1).  The accuracy-related penalty will not be applied to            
          any portion of an underpayment with respect to which the taxpayer           
          acted with reasonable cause and in good faith.  Sec. 6664(c)(1).            
          A good-faith, reasonable reliance on the advice of an                       
          independent, competent professional as to the tax treatment of an           
          item may meet this requirement.  United States v. Boyle, 469 U.S.           
          241 (1985); sec. 1.6664-4(b), Income Tax Regs.  Whether a                   
          taxpayer relies on professional advice and whether such reliance            
          is reasonable hinge on the facts and circumstances of the case              
          and the law that applies to those facts and circumstances.  Sec.            
          1.6664-4(c)(1), Income Tax Regs.                                            
               The record persuades us that petitioners relied in good                
          faith upon the tax advice given by Ms. Clark, petitioners’                  
          accountant, when she prepared petitioners’ tax returns.  Ms.                
          Clark is a C.P.A. licensed in the State of Georgia.  Ms. Clark              
          was aware of Mrs. Smith’s history of losses.  Further, while                
          after careful consideration, we conclude that Mrs. Smith was not            
          engaged in her direct marketing activities for profit, we do                
          recognize that there are indicia of someone operating a business            
          for profit, including the time spent on the activities and Mrs.             
          Smith’s out-of-pocket expenses for advertising.  Finally, when              
          Mrs. Smith sought advice on the strategies promoted by                      
          Renaissance and implemented them in her business, Ms. Clark                 
          advised Mrs. Smith that they were legal.  While we find this                







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