Eberl's Claim Service, Inc. - Page 34




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               Based on his discussions with petitioner's advisers, Eberl             
          reasonably believed that compensation equal to 20-25 percent of             
          petitioner's gross receipts would be reasonable.  Lehrner signed            
          petitioner's tax returns for the years in issue, which suggests             
          that Eberl believed Lehrner thought Eberl's compensation was                
          reasonable.  See Bokum v. Commissioner, 94 T.C. 126, 148 (1990)             
          (accountant's failure to sign the tax return should have put the            
          taxpayer on notice that he was not backing the advice embodied in           
          the return).  We hold that petitioner's reliance was reasonable             
          cause for deducting the compensation it paid to Eberl.5                     
               To reflect the foregoing and concessions,                              

                                                  Decision will be entered            
                                             under Rule 155.                          










               5 Also, petitioner is not liable for the substantial                   
          understatement penalty for fiscal year 1992 because it adequately           
          disclosed the facts relating to Eberl's compensation on its 1992            
          return.  Sec. 6662(d)(2)(B)(ii).  Rev. Proc. 92-23, 1992-1 C.B.             
          737, sec. 4(b)(4), 1992-1 C.B. 738, provides that, for purposes             
          of reducing the understatement of income tax under sec. 6662(d),            
          additional disclosure of facts relating to an issue involving               
          reasonable compensation is unnecessary, if the Form 1120,                   
          Schedule E, Compensation of Officers, has been properly                     
          completed.  Petitioner included a properly completed Schedule E             
          concerning Eberl's compensation in its 1992 return.                         




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