- 53 - 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 taxPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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