- 52 - and that they show that they followed that advice. Zfass v. Commissioner, 118 F.3d 184 (4th Cir. 1997), affg. T.C. Memo. 1996-167. Petitioners failed on all these counts in the instant case. We do not credit petitioners’ contention that they relied on Henry’s advice. Petitioners point out that respondent did not dispute their 1983, 1984, and 1985 theft/casualty deductions and carryovers. Respondent’s failure to audit merely results in an apparent windfall to petitioners; it does not relieve petitioners from their obligation to act prudently and obtain advice from competent tax counsel.18 We conclude, and we have found, that petitioners were negligent in claiming the theft/casualty carryover deductions for each of the years in issue. For each of the years in issue the entire deficiency in tax is due to petitioners’ negligence in claiming the theft/casualty carryover deduction. For each of the years in issue the deficiency is equal to the “underpayment of tax”, which is the 18 We have held that, under some circumstances, an audit for an earlier year and a concession by the Commissioner that the corresponding deduction for the earlier year was correct, might relieve a taxpayer from the obligation to thereafter obtain advice from competent tax counsel. See, e.g., Bermingham v. Commissioner, T.C. Memo. 1994-69; see also Washburn v. Commissioner, 44 T.C. 217, 225-226 (1965). There was no such audit in the instant case, and no apparent approval by respondent as to the claimed theft/casualty loss deductions.Page: 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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