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