- 27 - testimony is also clear that he determined the tax treatment of the American Valmar and Markovski deposits based on what Markovski told him about the nature of those deposits. With respect to the American Valmar deposits, Bolonik testified that, in setting up American Valmar’s books and records, he had conversations with Markovski about the nature of the corporation’s business and the books and records reflected those discussions. With respect to the Markovski deposits, Mr. Bolonik testified that he believed that those deposits did not constitute items of gross income during the years received based on Markovski’s statements to him that those sums had been earned before Markovski moved to the United States. In substantial part, petitioners have failed to prove their version of the facts concerning the American Valmar and Markovski deposits. Bolonik’s advice, thus, was faulty, and petitioners can rely on it to establish reasonable cause and good faith only if such reliance was reasonable and they acted in good faith. Reasonable cause and good faith may be established by a showing of an honest misunderstanding of fact. Petitioners have failed to convince us of what actually transpired here. They have, thus, failed to convince us that they honestly misunderstood any facts. We are not convinced--i.e, petitioners have failed to prove--that there was reasonable cause for their underpayment and that they acted in good faith in determining their income tax liabilities with respect to the American Valmar and Markovski deposits. WePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011