Shane Michael Optical, Co. - Page 6




                                        - 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