- 10 - period had been applied to petitioner’s individual return. The evidence in the record persuades us that petitioner did not know, at the time he filed his 1991 individual income tax return, of his accountant’s error in applying the income from August 1 through November 14, 1991, to Tesco’s corporate return rather than his individual return. Moreover, the circumstances are sufficiently confusing and uncertain to constitute reasonable cause for the error. Petitioner has met his burden of establishing that the understatement for 1991 was due to reasonable cause (an error by his accountant in the allocation of income between his individual and corporate return during the formation gap), and that he acted in good faith with respect to such portion by reasonably relying on his accountant’s expertise. There is no evidence in the record to suggest that petitioner actually knew of the accounting error at the time he filed his 1991 individual return. Nor is there any evidence to suggest that petitioner took unfair advantage of the Government or received any net financial benefit from the erroneous allocation of the income. On the contrary, the evidence suggests that this was an innocent error caused by a series of mistakes inadvertently made by petitioner’s accountant. In these circumstances, we conclude that no accuracy-related penalty should be imposed in connection with the $32,755 of income erroneously omitted from petitioner’s 1991 individual income taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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