- 8 - published opinion 940 F.2d 1534 (9th Cir. 1991); sec. 1.6664- 4(b)(1), Income Tax Regs. The taxpayer must advise the preparer of all facts that are relevant to the tax treatment of an item. See sec. 1.6664-4(c)(1)(i), Income Tax Regs.; see also Ellwest Stereo Theatres, Inc. v. Commissioner, T.C. Memo. 1995-610. The advice must not be based upon unreasonable factual or legal assumptions. See sec. 1.6664-4(c)(1)(ii), Income Tax Regs. There is nothing in this record indicating that petitioners advised the return preparer of all the facts and circumstances surrounding the expenses claimed. Moreover, petitioner's recordkeeping was nonexistent. We sustain respondent's determinations as to the penalties under section 6662(a). Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8
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