Ronald I. and Lois B. Koenig - Page 19

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               Petitioners relied on advice from Philip Silbering                     
          (Silbering), a certified public accountant, in connection with              
          the preparation of their 1990 Federal income tax return.                    
          Petitioner had telephone conversations with Silbering and                   
          explained the circumstances of the sale of Washington Chocolate.            
          Silbering advised petitioner that it would be appropriate to take           
          a bad debt deduction for the unpaid commissions.                            
               Silbering also advised petitioner to prepare an explanation            
          of the bad debt deduction and include it with his return.                   
          Petitioner prepared this explanation and attached it to                     
          petitioners' 1990 Federal income tax return.                                
               When an accountant provides advice to a taxpayer on a matter           
          of tax law, it may be reasonable for the taxpayer to rely on that           
          advice.  United States v. Boyle, 469 U.S. 241, 251 (1985); Betson           
          v. Commissioner, 802 F.2d 365, 372 (9th Cir. 1986), affg. in part           
          and revg. in part T.C. Memo. 1984-264.  Petitioners' reliance on            
          Silbering's advice regarding the bad debt was reasonable.                   
          Moreover, the circumstances were disclosed.  In addition, we find           
          the other issues resulting in petitioners' deficiency to be good            
          faith misinterpretations of the Internal Revenue Code.                      
               Accordingly, petitioners are not liable for the accuracy-              
          related penalty pursuant to section 6662(a).                                
               For the foregoing reasons,                                             







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