United Circuits, Inc. - Page 13

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                    A  I guess we were looking at it more as                          
               accounting advice than strictly tax advice.                            
                    Q  So your reliance on Ms. Northcutt for these                    
               lease expenses goes to the question of accounting as                   
               opposed to tax return preparation?                                     
                    A  Having never been involved in an audit or                      
               anything, we're more aware of it now but at the time,                  
               no, we were concerned with accounting and the company.                 
               We really didn't give much thought to being audited or                 
               the IRS.  We do now.                                                   
               Northcutt’s return preparation consisted of transferring the           
          information in petitioner's ledgers to an income tax form without           
          verifying the validity of the entries in the ledger.  Jump did              
          not inquire about the tax consequences of the transactions                  
          entered into by petitioners and did not receive advice on the tax           
          consequences.  Jump, by his own admission, did not rely on                  
          Northcutt to render tax advice.  Moreover, Jump did not follow              
          her advice as to the characteristics of a “legitimate” lease,               
          because two of the five purported leases’ payment terms were for            
          a duration of less than 1 year.  Petitioner has failed to                   
          establish good faith reliance on the advice of a competent tax              
          adviser.                                                                    
               Respondent also determined that petitioner was liable for an           
          accuracy related penalty because the understatement was due to              
          negligence.  Petitioner argues that it is not liable for the                
          negligence penalty because it relied on its accountant.  For the            
          reasons set forth above, we are not persuaded by petitioner's               
          argument.                                                                   





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