William R. & Carol Enyart - Page 18




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          to guide them in determining the tax treatment of Mr. Enyart’s              
          receipt of the B&L equipment in exchange for his covenant not to            
          compete with B&L.                                                           
               As for petitioners’ claimed reliance on Mr. Fyffe, on the              
          instant record, we reject that claim.  Petitioners have failed to           
          show what information they provided to Mr. Fyffe in connection              
          with his preparation of their joint return.  In fact, the record            
          is devoid of any evidence regarding the preparation of that                 
          return and petitioners’ claimed reliance on Mr. Fyffe.                      
               Based on our examination of the entire record before us, we            
          find that petitioners have failed to establish that they acted              
          with reasonable cause and in good faith in taking the position              
          reflected in their joint return with respect to the B&L equip-              
          ment.  We further find on that record that petitioners have                 
          failed to establish any error in respondent’s determination that            
          they are liable for 1992 for the accuracy-related penalty under             
          section 6662(a).  Consequently, we sustain that determination.              
               We have considered all of the contentions and arguments of             
          petitioners that are not discussed herein, and we find them to be           
          without merit and/or irrelevant.                                            
               To reflect the foregoing and the concession of petitioners,            

                                             Decision will be entered for             
                                        respondent.                                   







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