Bryan J. and Christine N. Baugh - Page 13

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          Constr. Co. v. Commissioner, 58 T.C. 1055, 1061 (1972), affd.               
          without published opinion 474 F.2d 1345 (5th Cir. 1973).                    
          Petitioners, in order to show good faith reliance, must at least            
          establish:  (1) That they provided the return preparer with                 
          complete and accurate information; (2) that an incorrect return             
          was a result of the preparer’s mistakes; and (3) that they                  
          believed in good faith that they were relying on the advice of a            
          competent return preparer.  Metra Chem Corp. v. Commissioner, 88            
          T.C. 654, 662 (1987).                                                       
               Petitioners hired Tomasek, an accountant who claimed                   
          experience with nuclear plant employees and per diem payments, to           
          prepare their 1990, 1991, and 1992 returns.  While petitioners              
          claim that they disclosed all relevant tax information to Tomasek           
          and that Tomasek advised them that the per diem/travel amounts              
          were not includable in gross income, petitioners’ testimony is              
          uncorroborated and subject to question.  Considering the                    
          evidence, it is difficult to believe that petitioners fully                 
          disclosed all of the relevant tax information to Tomasek.                   
          Petitioners’ claim that Tomasek told them that they had a “home”            
          in Port Clinton and that, therefore, the per diem/travel amounts            
          could be excluded from gross income is contrary to Tomasek’s                
          treatment of both 414 and 414-1/2 Monroe as rental property on              
          petitioners’ 1990, 1991, and 1992 returns.                                  
               Petitioners admitted at trial that they did not review their           
          tax returns, except to determine the amount of tax owed, for the            
          years in issue.  While petitioners argue that they did not know             



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