Sharon Lee Bartlett, F.K.A. Heitzman - Page 46

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               Alexander Grant, a prominent national accounting firm, had             
          prepared the 1979 return without raising any question about the             
          Stonehurst deductions.  Alexander Grant had prepared each of the            
          joint returns from 1973 to 1981 for Mr. Heitzman and petitioner.            
          Under the circumstances, petitioner was entitled to rely upon the           
          imprimatur of legitimacy that Alexander Grant lent to the joint             
          return.  To petitioner, cognizant of Mr. Heitzman’s explanation             
          and the manner in which the return was prepared, nothing was                
          amiss.18                                                                    
               Even if we were to find that the return should have alerted            
          a reasonable taxpayer to question the deduction as not being                
          legitimate--and we do not so find--to impose a duty to inquire on           
          petitioner under these circumstances would be to impose a duty to           
          perform a futile act.  Reser v. Commissioner, 112 F.3d 1258, 1269           
          (5th Cir. 1997), affg. in part and revg. in part T.C. Memo. 1995-           
          572.  She already knew that a qualified income tax return                   
          preparer had prepared the return without question, and the duty             
          to inquire “does not extend so far as to impose on a spouse the             


               18 The lack of mention in the record that Alexander Grant              
          questioned the deductions claimed pursuant to Stonehurst when it            
          prepared petitioner’s and Mr. Heitzman’s 1979 joint return does             
          not change the analysis of whether those deductions were grossly            
          erroneous.  We cannot determine from the record whether Alexander           
          Grant’s actions were reasonable or not in signing the return                
          based on the information available to them, nor need we answer              
          that question.  It suffices for our purposes that the return was            
          signed by a respected income tax return preparer, and petitioner            
          acted reasonably in relying on that signature with respect to               
          whether petitioner should have questioned the validity of the               
          deductions claimed on the returns.                                          


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