- 16 - investigations, or that they were ultimately informed of the tax attorneys’ advice. Moreover, petitioners have not attempted to prove that they supplied their accounting service with all necessary information concerning the payments and payees. Regarding the “loans” to Fun Films in January 1985, Shindel found at Modern no records besides the canceled checks. Moreover, petitioners have not established that their failure to report and withhold tax was in fact based on advice from their accounting service. Petitioners have not carried their burden of proving reasonable reliance. 3. Loans Petitioners argue that their honest belief that the payments made to Fun Films in January 1985 were loans establishes reasonable cause for failing to file Forms 1042 and withhold and deposit tax with respect to those payments. It is true that loans would not have been subject to the Form 1042 or withholding requirements. Secs. 1442(a), 881(a); sec. 1.1461-2(b)(1) and (c)(1), Income Tax Regs. However, the fact that petitioners treated these payments as loans does not establish reasonable cause unless this treatment had a reasonable basis. Petitioners failed to offer any evidence supporting the loan characterization. They stipulated the absence of any documentation confirming the existence of a debtor-creditor relationship and to the failure of Fun Films to treat thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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