- 19 - Petitioners relied on advice from Philip Silbering (Silbering), a certified public accountant, in connection with the preparation of their 1990 Federal income tax return. Petitioner had telephone conversations with Silbering and explained the circumstances of the sale of Washington Chocolate. Silbering advised petitioner that it would be appropriate to take a bad debt deduction for the unpaid commissions. Silbering also advised petitioner to prepare an explanation of the bad debt deduction and include it with his return. Petitioner prepared this explanation and attached it to petitioners' 1990 Federal income tax return. When an accountant provides advice to a taxpayer on a matter of tax law, it may be reasonable for the taxpayer to rely on that advice. United States v. Boyle, 469 U.S. 241, 251 (1985); Betson v. Commissioner, 802 F.2d 365, 372 (9th Cir. 1986), affg. in part and revg. in part T.C. Memo. 1984-264. Petitioners' reliance on Silbering's advice regarding the bad debt was reasonable. Moreover, the circumstances were disclosed. In addition, we find the other issues resulting in petitioners' deficiency to be good faith misinterpretations of the Internal Revenue Code. Accordingly, petitioners are not liable for the accuracy- related penalty pursuant to section 6662(a). For the foregoing reasons,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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