Sharon Lee Bartlett, F.K.A. Heitzman - Page 51

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          to shelter income from taxation in 1979.  While Mr. Heitzman was            
          not guilty of any wrongdoing in striving to minimize his tax                
          burden, he failed to ensure that he was not taking a frivolous              
          position in claiming the deductions.  By his own admission, he              
          did no research and did not seek an opinion from independent tax            
          counsel either prior to his purchase of the interest or prior to            
          claiming the deductions on the 1979 return.19                               
               Furthermore, the Stonehurst interest was entirely Mr.                  
          Heitzman’s.  He had all of the relevant information solely in his           
          possession--including the warning to seek the opinion of an                 
          independent tax counsel--and he should have known that the                  
          deductions were, to say the least, questionable.  Petitioner was            
          privy to none of that information, and, as we have already found,           
          she had no reason to know of the understatement because Mr.                 
          Heitzman had given her sufficient information to dispel any                 
          disquiet she might have had under the circumstances.  Friedman v.           
          Commissioner, 53 F.3d at 531; Foley v. Commissioner, supra.                 
          Thus, we find that it would be inequitable, under the facts and             
          circumstances of this case, to hold petitioner liable for the               



               19 There is nothing in the record to indicate whether the              
          Alexander Grant income tax return preparers were apprised of                
          sufficient facts concerning Stonehurst to cause them to question            
          the deduction more closely.  That issue is not relevant to this             
          case.  What the record does reflect is that, as far as petitioner           
          was concerned, Alexander Grant had given the return its                     
          imprimatur by preparing and signing it without comment.  Cf.                
          Bokum v. Commissioner, 94 T.C. 126, 147-148, 156 (1990), affd. on           
          another ground 992 F.2d 1132 (11th Cir. 1993).                              


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