Ronald P. Barranti and Stephanya M. Barranti - Page 20

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          calculating their Federal income tax liability.  We cannot assume           
          the testimony of absent witnesses would have been favorable to              
          petitioners.  Rather, the normal inference is that it would have            
          been unfavorable.  Pollack v. Commissioner, 47 T.C. 92, 108                 
          (1966), affd. 392 F.2d 409 (5th Cir. 1968); Wichita Terminal                
          Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162           
          F.2d 513 (10th Cir. 1947).                                                  
               Petitioner husband testified that he had a recordkeeping               
          system for his business expenses.  Petitioner husband's system              
          was to pay a bill, assign it to a category, and log it into a               
          spreadsheet.  At the end of the year, petitioner husband would              
          summarize the items by category, and then give the summary to his           
          accountant, who would calculate the tax due.  Petitioner                    
          husband's system duplicated expenses which resulted in double               
          deductions.  Thus, petitioner husband, not the accountant, was              
          responsible for determining the amounts of the schedule C                   
          expenses and whether an expenditure was deductible.                         
               Petitioners have not met their burden of proving that they             
          provided the accountant the full details of petitioner's use of             
          her property.  Thus, petitioners may not claim that they                    
          reasonably and in good faith relied upon his advice in                      
          determining their tax liability with respect to petitioner's                
          property.  See sec. 1.6664-4(b)(2), Example (1), Income Tax Regs.           







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