Gary L. Pierce - Page 24

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          information to his accountant and that the incorrect returns were           
          the result of the accountant’s mistake.  Enoch v. Commissioner,             
          57 T.C. 781, 803 (1972).                                                    
               Petitioner testified that he sought the advice of Bobrow               
          with regard to deducting losses resulting from Mary Catherine’s             
          having been required by its mortgage lenders to write down the              
          Ridge and Minnechaug to fair market value for financial statement           
          purposes.  Bobrow then prepared petitioners’ returns including              
          detailed statements disclosing the nature of the writedowns and             
          resulting losses.  Attached to the disclosure statements are the            
          appraisals and other information about the Ridge and Minnechaug.            
          Examination of Mary Catherine’s and petitioners’ income tax                 
          returns reveals that petitioner must have provided Bobrow with              
          all information necessary for his accountants to render tax                 
          advice and prepare the returns.  We find that petitioners relied            
          on the advice of Bobrow, and we hold that petitioners were not              
          negligent in doing so.                                                      
               Petitioners made no effort to hide their position from                 
          respondent.  Petitioners attached copies of Mary Catherine’s                
          income tax returns, including the disclosure statements, to their           
          personal returns.  Petitioners also attached copies of the                  
          disclosure statements to each Application for Tentative Refund              
          that they filed.  The completeness and clarity of petitioners’              
          disclosure statements, and the fact that petitioners attached a             





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