Southern Boiler Sales & Service, Inc. - Page 23

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          for the purpose of this penalty.  However, no penalty will apply            
          "with respect to any portion of an underpayment if it is shown              
          that there was a reasonable cause for such portion and that the             
          taxpayer acted in good faith with respect to such portion."  Sec.           
          6664(c).  Respondent has determined the entire amount of                    
          petitioner's deficiency for the taxable year ended July 31, 1990,           
          was due to negligence.                                                      
               Petitioner has provided no evidence of its efforts to comply           
          with the applicable internal revenue laws other than (1) it used            
          a bookkeeping service to prepare its Federal income tax returns,            
          and (2) it made available its check stubs, bank statements, and             
          other paperwork to that service.  Use of an accountant alone does           
          not constitute reasonable reliance on that professional's advice.           
          Ma-Tran Corp. v. Commissioner, 70 T.C. 158 (1978).  The taxpayer            
          must establish that the correct information was provided to the             
          accountant and that the items incorrectly claimed or reported in            
          the return were the result of the accountant's error.  Id. at               
          173; Enoch v. Commissioner, 57 T.C. 781, 803 (1972).                        
               Petitioner's deficiencies stemmed from several sources:                
          filing separate returns for No. 2, inclusion of $88,181 of gross            
          receipts in an incorrect taxable year, and improper depreciation            
          and rental expense deductions.  As to the improper depreciation             
          claimed on the Chrysler New Yorker automobile and the boat each             
          year, the excessive rental expense deductions each year, and the            
          $88,181 gross receipts issue for 1990, petitioner has not                   




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