DiSabatino CPA Blog

Mike DiSabatino CPA

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Tax Courts Rules to Seek Professional Tax Help

TurboTax Problems No Defense to Penalties

The U.S. Tax Court on April 19, 2010 held certain defendants liable for accuracy-related penalties despite the fact they were apparently using the so-called “Timothy Geithner signature edition” of TurboTax (Lam v. Commissioner, T.C., No. 13302-08, T.C. Memo. 2010-82, 4/19/10).

According to the Court, “We do not accept petitioners’ misuse of TurboTax, even if unintentional or accidental, as a defense to the penalties on the basis of the facts presented.”

At trial, the taxpayer did not attempt to show a reasonable cause for her underpayment of taxes. Instead, she analogized her situation to that of the Secretary of the Treasury, Timothy Geithner. Citing a Wikipedia article, Ms. Lam essentially argued that, like Secretary Geithner, she used TurboTax, resulting in mistakes on her taxes.

“Although the Court concludes the errors in petitioners’ tax preparation were made in good faith, petitioners have not established that they behaved in a manner consistent with that of a prudent person” said the Court. One thing a prudent person could do according to the Court? “Seek the help of a tax professional.…”

Well, the Tax Court should know and we thought you should as well!

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