Barry S. and Yvonne C. Hillman - Page 33




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          the Internal Revenue Code.  Cf. Westbrook v. Commissioner, 68                
          F.3d 868, 880-881 (5th Cir. 1995), affg. per curiam T.C. Memo.               
          1993-634.  Other aspects of their recordkeeping for the show                 
          horse activity were careless, as evidenced by their failure to               
          record or report their horses’ winnings, and their excess claims             
          of horse show expenses in both years, including a claim of horse             
          show expenses in 1993 despite a stipulation that none of their               
          horses competed in shows that year.  A failure to maintain                   
          adequate books and records is evidence of negligence.  See sec.              
          1.6662-3(b)(1), Income Tax Regs.                                             
               Petitioners contend that they are not liable for the                    
          accuracy-related penalty under section 6662(a) for either of the             
          years in issue because they relied on the advice of their                    
          accountant.  A taxpayer may demonstrate reasonable cause if he               
          can show that he relied in good faith on a qualified adviser                 
          after full disclosure of all necessary and relevant information.             
          See Jackson v. Commissioner, 86 T.C. 492, 539-540 (1986), affd.              
          864 F.2d 1521 (10th Cir. 1989); Paula Constr. Co. v.                         
          Commissioner, 58 T.C. 1055, 1061 (1972), affd. without published             
          opinion 474 F.2d 1345 (5th Cir. 1973); sec. 1.6664-4(b)(1) and               
          (c)(1)(i), Income Tax Regs.                                                  
               In this case, petitioners have failed to establish that they            
          fully disclosed all necessary and relevant information to their              
          accountant, Mr. Adelman.  The record in this regard contains only            





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