- 53 - excused merely because they may have relied on the advice of a tax professional. Berlin v. Commissioner, 59 F.2d 996, 997 (2d Cir. 1932); see United States v. Boyle, 469 U.S. 241, 249-250 (1985). Petitioners failed to call their accountant as a witness to explain what information petitioners may have provided or what advice he may have given them regarding the preparation of the application for automatic extension for each of the years at issue. Accordingly, on the instant record, petitioners have failed to establish that any reliance by them on the advice of their accountant was reasonable or in good faith. Petitioners further argue that petitioner is not a tax specialist and that he was not aware that their applications for automatic extension for 1989 and 1990 could be invalidated due to improper estimates of their respective tax liabilities for those years. Petitioners' argument is baseless. It is particularly significant that each of the applications for automatic extension for the years at issue carried a clear warning on its face that an unreasonable estimate of the taxpayer's tax liability would cause the extension to be declared "null and void." Petitioners signed their application for automatic extension for 1989. Accordingly, at the time they signed that application, petition- ers knew that an unreasonable estimate in that application of their tax liability for 1989 would cause the extension to be declared "null and void." Although petitioners did not sign their application for automatic extension for 1990, having signedPage: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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