Dennis W. Stark - Page 35






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          C.P.A. signed Lakeview's 1992 Form 1120S that labels the $75,000            
          as rent.  A third characterization of the payment was made on a             
          Form 1099 issued by Lakeview to William labeling it as                      
          "Nonemployee compensation".                                                 
               With respect to the claimed deductions for the legal fees,             
          gate, roof, and computer expenses, petitioner has failed to meet            
          the burden of showing that Lakeview provided its accountant with            
          complete and accurate information.  The only evidence pertaining            
          to the issue is Lakeview's C.P.A.'s signature on the                        
          corporation's 1992 return, which we conclude is insufficient                
          support for the inference that Lakeview supplied its C.P.A. with            
          complete and accurate information.  Petitioner argues on brief              
          that "at no time did respondent even attempt to claim that                  
          [Lakeview's accountant] * * * had not been given all the facts by           
          petitioner."  However, the burden is on petitioner to                       
          affirmatively show that Lakeview's accountant received the                  
          requisite information.  Rule 142(a); see Selig v. Commissioner,             
          T.C. Memo. 1995-519.                                                        
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             under Rule 155.                          









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