- 37 - part and revg. in part a Memorandum Opinion of this Court; Haywood Lumber & Mining Co. v. Commissioner, 178 F.2d 769, 771 (2d Cir. 1950), modifying 12 T.C. 735 (1949); Orient Inv. & Fin. Co. v. Commissioner, 166 F.2d 601, 603-604 (D.C. Cir. 1948); Furman v. Commissioner, T.C. Memo. 1998- 157. The only argument made by respondent regarding petitioners' reliance on their accountants is the following: Petitioners cannot simply lay the blame on accountants or bookkeepers for failing to obtain the information necessary to make a proper estimate. "It is the taxpayer's obligation to supply his or her accountant with complete and accurate records from which to make a reasonable estimate of the tax liability." Boatman v. Commissioner, T.C. Memo. 1995-356 (citing Estate of Duttenhofer v. Commissioner, 49 T.C. 200, 205 (1967), aff'd, 410 F.2d 302 (6th Cir. 1969)). Neither can petitioners avoid the I.R.C. � 6651 (a)(1) penalty by attempting to lay the blame on a representative for failing to timely file a return. "To demonstrate reasonable reliance, it must be shown that the advisor had sufficient knowledge of the taxpayer's relevant financial circumstances to make an informed decision." Stovall v. Commissioner, T.C. Memo. 1983-450 (citing Yale Avenue Corp. v. Commissioner, 58 T.C. 1062 (1972) and Railroad Realty Co. v. Commissioner, 25 T.C. 458 (1955)). We find no support in the record for respondent's argument. Petitioners' accountants had a longstanding relationshipPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011