Don C. Reser and Rebecca Jo Reser - Page 20

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          the duty of filing accurate returns cannot be avoided by placing             
          responsibility on an agent.  Pritchett v. Commissioner, 63 T.C.              
          149, 174 (1974).  As was recently pointed out by the Court of                
          Appeals for the Fifth Circuit, reliance on a professional must be            
          reasonable, and the professional must have the necessary                     
          information regarding the matter upon which his or her advice is             
          given.  See Chamberlain v. Commissioner, 66 F.3d 729 (5th Cir.               
          1995), affg. in part and revg. in part T.C. Memo. 1994-228.                  
               Stewart Goodson, the certified public accountant who                    
          prepared the returns here, testified that John Gwaltney, DRPC's              
          accountant, told him to treat loans listed on the financial                  
          statements as coming from the bank as loans from petitioner, and             
          that such loans were in fact from petitioner.  Mr. Goodson, an               
          agent of DRPC, thus treated the loans as loans from petitioner.              
          In light of our finding that there was no separate loan from                 
          petitioner to the corporation, we find that petitioner's reliance            
          on Mr. Goodson was not reasonable, as based on inaccurate                    
          information that Mr. Goodson made no effort to verify, and that              
          appears to have been furnished to him on petitioner's                        
          instructions.  See Zermeno v. Commissioner, T.C. Memo. 1991-550.             
          Substantial Understatement                                                   
               Respondent determined that petitioners are liable for an                
          addition to tax under section 6661 for substantial                           
          understatements of tax.  Section 6661 provides for an addition to            
          tax equal to 25 percent of the amount of any underpayment                    




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