- 51 - 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).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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