Dane Marie Smiley and Richard Dean Smiley - Page 8




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          published opinion 940 F.2d 1534 (9th Cir. 1991); sec. 1.6664-               
          4(b)(1), Income Tax Regs.  The taxpayer must advise the preparer            
          of all facts that are relevant to the tax treatment of an item.             
          See sec. 1.6664-4(c)(1)(i), Income Tax Regs.; see also Ellwest              
          Stereo Theatres, Inc. v. Commissioner, T.C. Memo. 1995-610.  The            
          advice must not be based upon unreasonable factual or legal                 
          assumptions.  See sec. 1.6664-4(c)(1)(ii), Income Tax Regs.                 
               There is nothing in this record indicating that petitioners            
          advised the return preparer of all the facts and circumstances              
          surrounding the expenses claimed.  Moreover, petitioner's                   
          recordkeeping was nonexistent.  We sustain respondent's                     
          determinations as to the penalties under section 6662(a).                   
                                                  Decision will be entered            
                                             for respondent.                          
























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