- 25 - that they advised petitioner or any of its employees to book the omitted receipts to account 312 rather than to an income account. This was done on the instructions of Mr. Cordes. Under these circumstances, petitioner's claim of reliance on its accountants is without merit. Moreover, even if petitioner's certified public accountants had given such advice with knowledge of all of the relevant facts, the advice would have been so clearly wrong that we could not find that petitioner relied upon the advice in good faith. See Laverne v. Commissioner, 94 T.C. 637, 652-653 (1990), affd. 956 F.2d 274 (9th Cir. 1992), affd. without published opinion sub nom. Cowles v. Commissioner, 949 F.2d 401 (10th Cir. 1991); Horn v. Commissioner, 90 T.C. 908, 942 (1988). Accordingly, we sustain respondent's determination of the fraud penalty under section 6663(a) as to the underpayment attributable to $127,889 of omitted income. Finally, we reject petitioner's argument that the fraud penalty under section 6663(a) should not be imposed because there is no "underpayment". The term "underpayment" is defined by section 6664(a), as follows: the term "underpayment" means the amount by which any tax imposed by this title exceeds the excess of-- (1) the sum of-- (A) the amount shown as the tax by the taxpayer on his return, plusPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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