Timothy R. and Cindy I. Fuller - Page 12

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               Petitioners attempt to shift the responsibility for the                
          understatements of their tax liabilities to Greenfield and claim            
          that Greenfield should have conducted his own investigation into            
          the accuracy of the information that petitioners provided to him            
          in the course of his preparation of their returns.  However, in             
          the course of his preparation of petitioners’ tax returns,                  
          Greenfield was not provided with documentation to support                   
          petitioners’ calculations of the figures given to him other than            
          some contracts for the purchase of equipment.  Petitioners’                 
          reliance on Greenfield to discover the errors in the reported               
          figures is no defense to fraud because they failed to provide               
          Greenfield with complete and accurate information regarding their           
          income and expenses.  See Korecky v. Commissioner, 781 F.2d 1566,           
          1569 (11th Cir. 1986), affg. per curiam T.C. Memo. 1985-63;                 
          Merritt v. Commissioner, 301 F.2d 484, 487 (5th Cir. 1962), affg.           
          T.C. Memo. 1959-172.                                                        
               Although Greenfield testified that “it was obvious that the            
          [1998] tax return wasn’t correct”, he was able to reach this                
          conclusion only after petitioners provided him with their books             
          and records after the returns had been filed.  The responsibility           
          of filing accurate returns remains principally with the                     
          taxpayers, especially where the taxpayers have taken an active              
          and controlling role in the process of preparing the tax returns            
          and the information used for their preparation.  See Medlin v.              






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