First, the requisite disclosures - This is a SUMMARY Opinion so you can't use it as a precedent. It does NOT specify a particular tax software, nor should it. I am a tax pro and while I don't mind DIY software it is NOT a substitute for a professional any more than the "Time Life" books on home improvement projects qualify me to build a house.
The case is cited as Hopson v. Commissioner, T.C. Summary Opinion 2009-130.
Hopson took premature distributions from his retirement accounts. Hopson used AT HOME TAX SOFTWARE - which one doesn't matter - just like he had done for the LAST 20 YEARS! Hopson failed to include the premature distributions on his tax return.
The IRS caught it (no surprise) and assessed tax of almost $22K AND an accuracy related penalty (IRC 6662) of almost $2K.
Hopson admitted that he knew the income was taxable BUT (get ready, here it comes) the software ran an error check and did NOT detect any mistakes. Hopson admits he owes the tax BUT doesn't think he should owe the penalty since he relied on tax software.
IRC 6664 provides an exception to the accuracy related penalty IF the taxpayer establishes that they acted in good faith and had a reasonable cause for the understatement.
The court noted that Hopson printed and signed the return without reviewing it AND knew that the 1099-R income was taxable. The error underreported OVER
40% of their income for the year. The opinion includes this "Petitioners were not permitted to bury their heads in the sand and ignore their obligation to ensure that their tax return accurately reflected their income for 2006. In the end, reliance on tax return preparation software does not excuse petitioners' failure to review their 2006 tax return."This begs the question - how many are using tax software and THINK its right because when they started using it their circumstances were simple and over the years they have been lulled into a false sense of security?
My grandfather used to say "A Set Of Tools Does NOT A Workman Make" and he was right.
Most software - even the pro level stuff I use - is only as good as the data entry operator. When you use a tool of any kind you have some responsibility to know how to use it correctly. Most of us can use a hand saw to cut a peg to stake a tree but this doesn't make us carpenters any more than buying Tax Cut, Tax Act, Turbo Tax, H&R Block At Home, or ANY of the other DIY packages makes YOU a tax preparer.
And the ONLY thing worse than messing up your own return with one of these packages is HELPING your friends and family to their returns and messing them up too. Its one thing again to botch your own return and have to pay taxes, penalties and interest. BUT how do you explain to your friend, fiancée, brother or mother than you made a mistake and now THEY have to pay hundreds or even thousands of dollars in penalties and interest.
If I make that mistake as a pro, I'm liable - that's why I carry E&O Insurance (the accountants version of malpractice insurance). But you have NO NET. And why would you hang your friends and family out like that anyway?
Not to mention your own piece of mind about your returns. If you have anything other than a W-2 (or maybe 3) and some mortgage interest and real estate taxes, with a few bucks in charitable contributions you may need professional help.
I can almost guarantee you that if you received any of the following, you're going to need professional help (unless you have the kind of twisted mind that would make you a good tax pro like some of us here ) these include:
a K-1 of any kind
1099-B including Section 1256 StraddlesA resort rental that you rent furnished by the week (hint - this does NOT go on Schedule E)
mortgage interest on more than two properties
mortgage interest on a debt that is or was over $1M
mortgage interest on an equity line when the proceeds were used for ANYTHING other than improving or buying real estate
mortgage interest on debt that was used on a different residence (your took an equity loan to buy a vacation home)
you're involved in running a business on Schedule C or a farm on Schedule F
you want to claim the home office deduction
you've sold something and taken back the note
you're receiving pension payments from the PBGC because your company's plan failed AND you're paying your own health insurance premiums (you could get a tax credit for
80% of the premiums)You an owner (getting a K-1) or you own (schedule C) a business that MAKES something (domestic production activities deduction)
you have margin interest on your brokerage account
and the list goes on and on and on.
Tax pros, like me and many other here, have spent years (Y E A R S - I've been doing this professionally for 30 years come April 2011). This NG is a GREAT resource BECAUSE of participants like Dick Adams, our moderator, Rich Carreiro, Harlan Lunsford, Paul Thomas, Art Kamlet, Mark Bole, Phil Marti, Helen from PA (though I don't see her much here anymore?), Tom Healy, Stu Bronstein and many others. We do the best we can to get you pointed in the right direction - BUT I CANNOT teach you what its taken me 30 years to learn in just 30 minutes in this forum.
Make no mistake - Neither Tax Software nor this forum is a replacement for a tax professional.
I'll try to be quite as I put away my soapbox now. I apologize for my rant but as tax season wears on I sometimes feel unloved. Where's Dick? I need a hug :(
Gene E. Utterback, EA, RFC, ABA