- 6 - (1) The adviser has sufficient expertise to justify reliance, (2) the taxpayer provides necessary and accurate information to the adviser, and (3) the taxpayer actually relies in good faith on the adviser’s judgment. See, e.g., Ellwest Stereo Theatres, Inc. v. Commissioner, T.C. Memo. 1995-610. Such is the case here. Mr. Shane is an elderly man, and both he and Shane Michael relied reasonably on their longtime accounting firm to prepare their tax returns correctly. Although respondent ultimately disallowed a small portion of Shane Michael's deductions as unsubstantiated, we do not believe that Shane Michael was negligent in claiming those deductions. Nor do we believe that the Shanes were negligent when they failed to report the dividends that resulted from respondent's disallowance of those deductions, or the interest that Mr. Shane received from Shane Michael. We have considered all arguments by respondent for contrary conclusions, and, to the extent not discussed above, find them to be without merit. Decisions will be entered for petitioners.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011