Neonatology Associates, P.A., et al - Page 93




                                               - 93 -                                                  
            or relied on one.  See Rule 143(b) (statements on brief are not                            
            evidence).39                                                                               
                  We also are unpersuaded by petitioners’ assertion that they                          
            relied reasonably on the correctness of the contents of their                              
            returns simply because their returns were prepared by certified                            
            public accountants.  The mere fact that a certified public                                 
            accountant has prepared a tax return does not mean that he or she                          
            has opined on any or all of the items reported therein.  In this                           
            regard, the record contains no evidence that, possibly with the                            
            exception of Dr. Hirshkowitz, any of petitioners asked a                                   
            competent accountant to opine on the legitimacy of his, her, or                            
            its treatment for the contributions, or that an accountant in                              
            fact did opine on that topic.  In the case of Dr. Hirshkowitz,                             
            the record does reveal that he showed his accountant something on                          
            the SC VEBA and that the accountant expressed some reservations                            
            as to the advertised tax treatment of the SC VEBA, but no                                  
            reservations which Dr. Hirshkowitz considered “major”, as he put                           
            it.  The record does not reveal what exactly Dr. Hirshkowitz                               
            showed his accountant as to the SC VEBA or the particular                                  
            reservations which the accountant expressed.  Nor do we know                               
            whether a reasonable person would consider those reservations to                           

                  39 Because petitioners have failed the first prong of the                            
            three-prong test set forth above, we do not set forth a copious                            
            discussion of our holdings as to the other two prongs.  Suffice                            
            it to say that none of petitioners has met his, her, or its                                
            burden of proof as to those prongs.                                                        





Page:  Previous  79  80  81  82  83  84  85  86  87  88  89  90  91  92  93  94  95  96  97  98  Next

Last modified: May 25, 2011