Plains Petroleum Company and Subsidiaries - Page 71




                                       - 71 -                                         

               We believe that petitioners acted with reasonable cause and            
          in good faith in their reliance on Arthur Andersen in connection            
          with the preparation of their returns for the years in issue.               
          Arthur Andersen, an accounting firm having substantial experience           
          in the oil and gas industry, qualifies as a competent tax adviser           
          in the instant case.  Moreover, petitioners provided Arthur                 
          Andersen with their schedules and workpapers for use in the                 
          preparation of their Federal corporate income tax returns.                  
          Additionally, Arthur Andersen had access to all of petitioners'             
          books and records.  There is nothing in the record to indicate              
          that petitioners withheld any relevant information from Arthur              
          Andersen.  Respondent suggests that, because petitioners were               
          short staffed during the years in issue, petitioners devoted less           
          time and resources than usual to their return preparation                   
          activities.  We disagree.  When commitments created by numerous             
          acquisitions left petitioners without the necessary accounting              
          staff required to assist in the preparation of their Federal                
          corporate income tax returns, petitioners engaged a C.P.A. to               
          prepare certain schedules and workpapers for review by Arthur               
          Andersen.  Accordingly, we believe that petitioners made                    
          significant efforts to assess their proper tax liability.                   
          Consequently, we hold that petitioners are not liable for the               
          accuracy-related penalties under section 6662(a) for the years in           
          issue.                                                                      





Page:  Previous  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  71  72  Next

Last modified: May 25, 2011