John C. Archer and Nancy M. Archer - Page 9




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          or in a statement attached to the return and there is a                     
          reasonable basis for the tax treatment of that item, or (3) is              
          due to reasonable cause and petitioners acted in good faith.  See           
          secs. 6662(d)(2)(B)(i) and (ii), 6664(c)(1); sec. 1.6664-4(c),              
          Income Tax Regs.  Petitioners do not contend that they have                 
          substantial authority for their positions or that they adequately           
          disclosed their positions on their returns.  They contend only              
          that they had reasonable cause and acted in good faith.                     
               Petitioners concede that they may not deduct as a bad debt             
          loss $37,606 of the $75,345 they claimed as a litigation expense            
          for 1994.  We have concluded that they may not deduct any amount            
          as a litigation expense for 1994.                                           
               Petitioners contend that they had reasonable cause and acted           
          in good faith because they relied on their accountant and the               
          transaction was complex.  Petitioners point out that they are not           
          required to question whether their accountant is competent,                 
          citing Streber v. Commissioner, 138 F.3d 216, 220 (5th Cir.                 
          1998), revg. T.C. Memo. 1995-601, and Reser v. Commissioner, 112            
          F.3d 1258 (5th Cir. 1997), affg. in part and revg. in part                  
          (including on this issue) T.C. Memo. 1995-572.                              
               To establish good faith reliance on the advice of a                    
          competent adviser, a taxpayer must show:  (1) That he or she                
          provided the return preparer with complete and accurate                     
          information, (2) that an incorrect return resulted from the                 






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