Florida Industries Investment Corporation and Subsidiaries - Page 49




                                        - 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