Stanley M. Kurzet and Anne L. Kurzet - Page 53

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           Having been hired, however, petitioners’ accounting firm and tax                           
           return preparers surely bear some significant portion of the                               
           fault for the fact that many of petitioners’ bookkeeping errors                            
           were perpetuated on petitioners’ tax returns.  Many questions                              
           that should have been asked by the accountants before preparing                            
           and signing petitioners’ tax returns apparently were not asked.                            
           A taxpayer’s strong personality is no excuse for the failure of                            
           independent tax return preparers to exercise diligence and to                              
           ask questions of their clients that are necessary and that                                 
           should be obvious to qualified tax professionals in the                                    
           preparation of tax returns.                                                                
                  Petitioner’s reliance on professional tax return preparers                          
           in the preparation and filing of their Federal income tax                                  
           returns for the years in issue constitutes a significant basis                             
           for our conclusion that the additions to tax and penalty should                            
           not be sustained in this case.  United States v. Boyle, 469 U.S.                           
           241, 251 (1989); Chamberlain v. Commissioner, 66 F.3d 729, 732-                            
           733 (5th Cir. 1995), affg. in part and revg. in part T.C. Memo.                            
           1994-228; Freytag v. Commissioner, 89 T.C. 849, 888-889 (1987),                            
           affd. 904 F.2d 1011, 1017 (5th Cir. 1990), affd. on another                                
           issue 501 U.S. 868 (1991); Guenther v. Commissioner, T.C. Memo.                            
           1995-280; Clark v. Commissioner, T.C. Memo. 1994-278; Beshear v.                           
           Commissioner, T.C. Memo. 1990-544.                                                         
                  We believe that the many errors that occurred on                                    
           petitioners' original and proposed revised Federal income tax                              




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