Alacare Home Health Services, Inc. - Page 15




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            have put the taxpayer on notice that he was not backing the                                 
            advice embodied in the return), affd. 992 F.2d 1132 (11th Cir.                              
            1993).  Respondent contends that petitioner did not have                                    
            substantial authority or reasonable cause for its minimum                                   
            expensing position because petitioner’s chief financial officer,                            
            Pamela Rau (Rau), did not discuss the deductibility of the                                  
            disputed assets with petitioner’s tax return preparer for 1995                              
            and 1996.  We disagree.  Rau reasonably explained that she did                              
            not discuss petitioner’s expensing policy with the preparer                                 
            because petitioner’s expensing policy in 1995 and 1996 was the                              
            same as it had been in previous years.  Petitioner's reliance on                            
            its preparer was reasonable cause for expensing the disputed                                
            assets in 1995 and 1996.                                                                    
                  We hold that petitioner is not liable for the accuracy-                               
            related penalty under section 6662 for 1995 and 1996.                                       
                  To reflect the foregoing,                                                             
                                                             Decision will be entered                   
                                                       under Rule 155.                                  

















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