- 49 - determinations in the notice that petitioners conceded in the stipulation of settled issues. Consequently, we reject petition- ers' position that respondent's determinations under section 6662(a) are erroneous because there is no additional tax due for any of the taxable years for which respondent determined that petitioners are liable for the accuracy-related penalty under section 6662(a). On the record before us, we find that petitioners have failed to show that there was substantial authority for the position that they took in the consolidated returns under sec- tions 1031,13 under section 1033, and with respect to the other determinations in the notice which petitioners conceded. As for petitioners' claim that they relied on the advice of Mr. Riggs, their return preparer, in taking the positions re- flected in the consolidated returns, the record does not estab- lish what specific information petitioners allegedly provided to him. Petitioners did not call Mr. Riggs as a witness. The only evidence regarding petitioners' reliance on Mr. Riggs is the following general and conclusory testimony of Mr. Canty: Well, we put everything in a box and we took it over to him. We gave him all the information on the sales that we had and tried to answer all his questions. He took it all in the back room and did whatever they do -- did the books, did the tax returns. 13As we previously indicated, we find the cases on which petitioners rely to support their position under sec. 1031 to be distinguishable from the present case. Consequently, their reliance on those cases is misplaced.Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
Last modified: May 25, 2011