- 28 - returns cannot be avoided by placing the responsibility on a tax return preparer. Metra Chem Corp. v. Commissioner, 88 T.C. 654, 662 (1987). However, reliance on a qualified adviser may demonstrate reasonable cause and good faith if the evidence shows that the taxpayer contacted a competent tax adviser and provided the adviser with all necessary and relevant information. Jackson v. Commissioner, 86 T.C. 492, 539-540 (1986), affd. 864 F.2d 1521 (10th Cir. 1989); Daugherty v. Commissioner, 78 T.C. 623, 641 (1982); Magill v. Commissioner, 70 T.C. 465, 479 (1978), affd. 651 F.2d 1233 (6th Cir. 1981); Pessin v. Commissioner, 59 T.C. 473, 489 (1972). In addition, even if petitioners can establish the above requirements, they still have a duty at least to read and make a cursory review of the return and make sure all income items are included. Metra Chem Corp. v. Commissioner, supra at 662; Magill v. Commissioner, supra at 479-480. Petitioners failed to establish that they supplied Mr. Knutzen with complete and accurate information. Taxpayers who control the affairs of a corporation cannot establish that they provided correct information to their return preparer if the corporate records they provide incorrectly reflect that alleged business expenses did not benefit the individual. Magill v. Commissioner, supra at 479. Mr. Garrett either failed to disclose or concealed from Mr. Knutzen the true extent of personal expenditures made with the corporate funds of FGI and TTI by providing canceled checks, check stubs, and receipts thatPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011