Tebarco Mechanical Corporation - Page 28

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          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 hold             






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