Doyce D. Gentry - Page 10




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          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 tax            






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