Umit Tarakci - Page 34




                                       - 34 -                                         
               Petitioner has established that he was involved in an active           
          trade or business activity.  With respect to the claimed                    
          deductions, petitioner provided detailed expense accounts records           
          and credible testimony.  Petitioner testified that he relied on             
          his accountant to prepare his 1993 tax return, as petitioner had            
          done in previous years.  Reliance on an accountant to prepare tax           
          returns is not sufficient by itself to establish reasonable                 
          cause.  See Metra Chem Corp. v. Commissioner, 88 T.C. 654, 662              
          (1987).  The taxpayer must also show that he supplied the tax               
          preparer with complete and accurate information sufficient to               
          properly prepare the return, that the incorrect return was the              
          result of the tax preparer’s mistakes, and that the taxpayer in             
          good faith relied on the advice of a competent tax preparer.  See           
          Pessin v. Commissioner, 59 T.C. 473, 489 (1972).                            
               While petitioner may have provided his accountant with                 
          detailed records, the expenses listed in the records were not               
          allowable as business deductions.  Petitioner has not alleged               
          that his accountant made any mistakes in preparing petitioner’s             
          1993 tax return.  Additionally, petitioner’s insistence that he             
          is still the owner of the rental equipment is troubling in light            
          of the substantial evidence to the contrary.  Based on the                  
          evidence in the record, petitioner has failed to demonstrate                










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