Thomas E. Hogan, III and Sheila M. Hogan - Page 10




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          (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).               


















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