- 16 - whether the taxpayer adequately disclosed enough relevant data concerning the treatment of the item to alert the Commissioner to a potential controversy. See Estate of Reinke v. Commissioner, 46 F.3d 760 (8th Cir. 1995), affg. T.C. Memo. 1993-197; Schirmer v. Commissioner, 89 T.C. 277, 285-286 (1987). We find from petitioner's returns that such was the case. Respondent also asserts that the adequate disclosure test is inapplicable because petitioner did not have a reasonable basis to sustain his position. We disagree. We do not believe that petitioner's position was unreasonable. Petitioner has an eighth grade education, and, under the facts herein, we believe that it was reasonable for him to rely on Mr. Trader's preparation of his tax returns. Inasmuch as the other disputed amounts were also disclosed similarly, we hold for petitioner on this issue. In reaching our holdings herein, we have considered all arguments made by the parties for contrary holdings and, to the extent not discussed above, find them to be irrelevant or without merit. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Last modified: May 25, 2011