Howard L. Burris, Sr. and Barbara J. Burris - Page 25




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          but rather a factor to be considered.  See Freytag v.                       
          Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011 (5th             
          Cir. 1990), affd. 501 U.S. 868 (1991).  It must be established              
          that the reliance was reasonable, in good faith, and based upon             
          full disclosure.  See Ewing v. Commissioner, supra; Pritchett v.            
          Commissioner, 63 T.C. 149, 174-175 (1974).                                  
               Petitioners failed to establish that they reasonably relied            
          in good faith upon Price Waterhouse’s advice.  Further,                     
          petitioners did not prove that they fully disclosed the facts of            
          the expenses at issue.  Petitioner repeatedly testified that                
          Price Waterhouse would not have reported the various expenses on            
          Schedules A and C unless petitioners were entitled to deduct                
          them.  Petitioner’s testimony is insufficient to establish a                
          defense to the accuracy-related penalty.                                    
               Petitioners claimed deductions that they failed to explain             
          or substantiate.  On the basis of the entire record, we conclude            
          petitioners have not established that any portion of the                    
          underpayment was due to reasonable cause or that they acted in              
          good faith.  Accordingly, we hold petitioners are liable for the            
          accuracy-related penalty.                                                   
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             under Rule 155.                          








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