- 28 - percent of his clientele. Powers spent 8 to 12 days a year actually at petitioner's place of business. As petitioner's accountant, Powers' duties involved preparing semi-annual financial statements and annual tax returns for petitioner, hiring and training petitioner's accounting personnel, and solving any accounting problems that petitioner may incur throughout the year. Powers claimed that to his understanding, a mechanical contractor is a service provider. Moreover, Powers testified that petitioner did not have inventory, because it acted merely as an agent when it ordered materials pursuant to a particular contract. There is nothing in the record to indicate that petitioner withheld any relevant information from Powers. We note that Powers testified that he did not take a physical inventory of petitioner's warehouse. That fact alone, however, does not establish that petitioner failed to provide Powers with all the necessary and relevant information he needed to prepare petitioner's tax returns. Powers spent time at petitioner's offices, he actually viewed petitioner's warehouse, and he admitted that it was ultimately his decision, and not petitioner's, to define what inventory is. Thus, given the facts discussed herein we find that petitioner relied in good faith on the advice of its accountant in filing its returns on the cash method. Accordingly, we holdPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011