- 10 - (9th Cir. 1991). The taxpayer must advise the preparer of all facts that are relevant to the tax treatment of an item. See Ellwest Stereo Theatres, Inc. v. Commissioner, T.C. Memo. 1995- 610. The advice must not be based upon unreasonable factual or legal assumptions. See id. It does not appear disputed that EBS suffered losses. The limitations of the deductibility of losses from an S corporation depend on a taxpayer's bases in the stock and indebtedness. A taxpayer's bases in an S corporation's stock and indebtedness is a fairly complicated subject. Under these circumstances we do not believe that the imposition of the section 6662(a) penalties is warranted. Decision will be entered for respondent with respect to the deficiencies and addition to tax under section 6651(a)(1) and for petitioners with respect to the penalties under section 6662(a).Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011