"[R]easonable cause within the meaning of section 6651(a)(1) can be shown by proof that the taxpayer supplied all relevant information to a competent tax adviser and relied in good faith on the incorrect advice of the adviser that no return was required to be filed."
How later courts described this case
- "[R]easonable cause within the meaning of section 6651(a)(1) can be shown by proof that the taxpayer supplied all relevant information to a competent tax adviser and relied in good faith on the incorrect advice of the adviser that no return was required to be filed."
- reasonable reliance on a tax adviser that no return is required to be filed may constitute reasonable cause
- the taxpayer was a disqualified person under section 4975(e)(2)(H) because he was an officer of the corporation whose employees participated in the plan
Written by the judges who cited it.
The opinion
PARR, J., dissenting: I have joined in the dissents of both Judges Ruwe and Beghe. I agree with Judge Beghe that we should inquire into the qualified status of the trust. However, if the trust should be held qualified, I would agree with Judge Ruwe’s opinion on the measure of the excise tax liability.