Herbert C. Elliot - Page 16

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          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.                          











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