Joyce A. Perkins - Page 14




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          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 adviser, and             
          (3) the taxpayer actually relied in good faith on the adviser's             
          judgment.”  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 $1,316.40 penalty under section 6662(a) and                 
          (b)(1).8  In her arguments regarding the section 6662(a) penalty,           
          petitioner does not contest that, in the event that the Court               
          would find against her regarding the taxability of the alimony,             
          she substantially understated her 2003 income tax.                          
               Petitioner argues that she is not liable for the penalty               
          because (1) section 71(b)(1)(D) and paragraph 14(f) of the MDA              
          are substantial authority for her position that the $26,400 paid            

               8 The notice of deficiency refers only to sec. 6662(a) and             
          (b)(1).  It does not refer to sec. 6662(b)(2), which provides for           
          the imposition of a sec. 6662 penalty for any substantial                   
          understatement of income tax.  Respondent raises the substantial            
          underpayment issue in his pretrial memorandum and briefs.                   





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