- 13 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011