- 16 - that they acted reasonably and exercised due care in preparing their 1994, 1995, and 1996 tax returns. See sec. 6664(c)(1). Petitioners concede that B&W should not have deducted as office expenses in fiscal years 1995 and 1996 the cost of buying PTC Bancorp stock, that the Badells should have included in income for 1994, 1995, and 1996 Badell’s fringe benefit income from B&W in the form of personal use of corporate-owned automobiles and health and life insurance for which B&W paid the premiums, and that the Wilsons should have included in income Wilson’s fringe benefit income from B&W in the form of personal use of corporate-owned automobiles and life insurance for which B&W paid the premiums. They contend that they should not be held liable for negligence because they readily conceded these errors. We disagree. Petitioners provided no evidence as to the reasonableness of their position regarding these items. They did not explain how they decided to treat these items on their returns or claim that they investigated the proper treatment of or had authority for their treatment of these items. The fact that they conceded their errors does not show they were not negligent. See McCullen v. Commissioner, T.C. Memo. 1997-280. Petitioners argue that B&W’s tax treatment of advanced client costs was not negligent because B&W has used the same method of accounting for costs since B&W was formed and respondent had not previously challenged it. Finally,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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