- 46 - 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.Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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