- 12 - information from which to prepare the returns. See Morris v. Commissioner, T.C. Memo. 1992-635, affd. without published opinion 15 F.3d 1079 (5th Cir. 1994); Merlo v. Commissioner, T.C. Memo. 1987-570. In this case, petitioners' alleged reliance on Reed does not excuse them from the fraud addition to tax. Petitioners hired Reed to prepare their personal income tax returns and the store's employment tax returns. Petitioners did not intend for Reed to determine their gross receipts or their expenses or to audit the store's books, as indicated by the amount that petitioners paid Reed and Mr. Roose's testimony at trial. Although petitioners contend that they did not have time to review their returns before they were filed, Mr. Roose's testimony at trial suggested that this pattern did not change even after he was indicted for tax fraud. No evidence has been presented to indicate that petitioners' returns did not accurately reflect the information petitioners provided to Reed. Because of petitioners' intentional failure to report credit card sales receipts, coupon redemption receipts, and certain special deposits and due to no fault of his own, Reed was without the information necessary to reflect accurately petitioners' income on their tax returns for the years in issue. This case is comparable to Estate of Temple v. Commissioner, 67 T.C. 143 (1976). We incorporate the same analysis here. The Court's statements in Estate of Temple, may be adapted to this case as follows:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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