- 8 - not rely on his business records does not mean that he negligently prepared petitioners’ 1994 and 1995 returns. We disagree. Petitioners’ claim that they were not negligent because the cancellation of indebtedness issue was technical is belied by the fact that they received a Form 1099-C for 1994 reporting the cancellation of indebtedness income, yet they did not report the income or disclose on their 1994 return that they received the Form 1099-C. Similarly, petitioners cannot plead ignorance to the requirements for claiming bad debts since they availed themselves of its benefits. They did not consult an accountant. Petitioners’ claim that they were not negligent because respondent’s bank deposits method is inaccurate misses the mark since petitioners agreed to all of respondent’s adjustments to gross income. Petitioners point out that the taxpayers in Tudyman v. Commissioner, T.C. Memo. 1996-215; Heasley v. Commissioner, 902 F.2d 380 (5th Cir. 1990), revg. T.C. Memo. 1988-408; and Streber v. Commissioner, 138 F.3d 216 (5th Cir. 1998), revg. T.C. Memo. 1995-601, were found not liable for negligence. We disagree that these cases are analogous to the instant case. In Tudyman, the taxpayer made a reasonable attempt to estimate her loss from an earthquake by relying on an appraiser’s estimates. Here, petitioners did not rely on the advice of an accountant or otherPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011