Arnold P. Mordkin and Cindy Mordkin - Page 53

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          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 signed           




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