William A. Egan - Page 15

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               Petitioner does claim to have relied on the advice of Mr.              
          Rabinowitz, his accountant, who testified at trial.  We note,               
          however, that petitioner knew of Mr. Rabinowitz’s trial,                    
          conviction in 1994, and incarceration for conspiracy to defraud             
          and impede the IRS and for filing a false tax return.  We do not            
          find that under these circumstances any reliance upon Mr.                   
          Rabinowitz for tax advice was justified.  Nor is there proof that           
          Mr. Rabinowitz was supplied with all information relevant to the            
          items on petitioner’s return.  Thus, we do not find that                    
          petitioner acted with reasonable cause and in good faith.                   
               After considering all of the facts and circumstances, we               
          find that petitioner has failed to establish that he had                    
          reasonable cause and acted in good faith with respect to the                
          understatement.  Accordingly, we find that the accuracy-related             
          penalty applies to petitioner’s underpayment in 1998.                       
               We therefore find that petitioner may not deduct the                   
          $158,381 as a bad debt in 1998 and that petitioner is liable for            
          the accuracy-related penalty.  Accordingly, we shall sustain                
          respondent’s determinations in the deficiency notice.                       
               To reflect the foregoing,                                              

                                                  Decision will be entered            
                                             for respondent.                          










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