Henry Peter Novick and Carolyn S. Novick - Page 16

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            that his reliance was reasonable.  Freytag v. Commissioner, 89 T.C.                        
            849, 888 (1987), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501                            
            U.S. 868 (1991).                                                                           
                  In the case at bar, Mr. Fenton, petitioners' accountant, acted                       
            merely as a scrivener; he did not audit or verify the information                          
            given him by petitioners.  Hence, we do not accept petitioners'                            
            reliance on a professional advice defense.                                                 
                  Giving consideration to all the facts before us, we conclude                         
            that petitioners were negligent and that they disregarded rules and                        
            regulations with respect to the preparation of their 1989-91 tax                           
            returns:  They double deducted home mortgage interest and real                             
            estate taxes; they claimed a $15,000 investment interest expense                           
            when they had documentation indicating that, at best, they were                            
            entitled to a $7,500 interest deduction; they claimed miscellaneous                        
            employee business expenses for which Dr. Novick had been reimbursed                        
            by his employer; they overstated expenses related to their rental                          
            activities;  and  they  failed  to  maintain  adequate  records.                           
            Consequently, we sustain respondent's determination that                                   
            petitioners are liable for the accuracy-related penalty on the                             
            amount of the underpayment for 1989, 1990, and 1991.                                       
                  To reflect concessions by respondent,                                                

                                                            Decision will be entered                   
                                                      under Rule 155.                                  








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