Veronica L. Foster - Page 16




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          301.6651-1(c)(1), Proced. & Admin. Regs.; see United States v.               
          Boyle, supra at 246.  The determination of whether a taxpayer                
          acted with reasonable cause and in good faith is made on a                   
          case-by-case basis, taking into account all the pertinent facts              
          and circumstances.  Sec. 1.6664-4(b)(1), Income Tax Regs.                    
               Generally, the most important factor is the extent of the               
          taxpayer’s effort to assess the proper tax liability, including              
          reliance on the advice of a tax return preparer.  However,                   
          reliance on a professional adviser, alone, is insufficient; the              
          reliance must be reasonable, and the taxpayer must act in good               
          faith.  Sec. 1.6664-4(b)(1), Income Tax Regs.                                
               Respondent argues that petitioner’s failure to investigate              
          fully the propriety of this deduction is a clear indicium of                 
          negligence, because any reasonable taxpayer would recognize that             
          an allowable deduction for all the expenses of an advanced degree            
          is probably too good to be true.10                                           
               However, in providing a reasonable cause and good faith                 
          exception to the section 6662 penalty, section 1.6664-4, Income              
          Tax Regs., also provides a relevant example wherein a taxpayer               
          engages a professional tax adviser for advice on the                         


               10 Respondent relies on sec. 1.6662-3(b)(ii), Income Tax                
          Regs., which states that negligence is strongly indicated where              
          “A taxpayer fails to make a reasonable attempt to ascertain the              
          correctness of a deduction, credit or exclusion on a return which            
          would seem to a reasonable and prudent person to be ‘too good to             
          be true’”.                                                                   





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