Kathryn Cheshire - Page 26




                                       - 26 -                                         
          the family residence would be nontaxable.  Further, we believe              
          petitioner acted in good faith in reaching this erroneous                   
          conclusion.                                                                 
               Petitioner trusted and relied upon Mr. Cheshire when it came           
          to the preparation of their tax returns.  She is an elementary              
          school teacher, having taken no courses in accounting or tax return         
          preparation.  She asked Mr. Cheshire about the potential tax                
          ramifications of the retirement distributions, and Mr. Cheshire             
          assured petitioner that he had consulted with a certified public            
          accountant and had been advised that the payment of the outstanding         
          mortgage on the family residence and any amount rolled over into a          
          qualified account reduced the taxable amount of the retirement              
          distributions. Mrs. Cheshire had no reason to doubt the                     
          truthfulness of Mr. Cheshire’s statement, and in fact believed him.         
          Under these circumstances, we do not believe petitioner had an              
          obligation to inquire further.                                              
               We conclude that petitioner would have been justified in               
          believing that $58,163 ($199,771 - $42,183 (rollover) - $99,425             
          (mortgage repayment)) of the $199,771 retirement distributions was          
          taxable. Indeed, $199,771 in retirement distributions was reported          
          on the 1992 return, albeit only $56,150 was included in the                 
          calculation of income.  (The record does not reveal the $2,013              
          difference between $58,163 and $56,150; we deem the $2,013                  
          difference to be de minimis.)  In our opinion, it is an abuse of            






Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

Last modified: May 25, 2011