Hubert and Flora M. Swaringer - Page 12




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          affd. on other grounds 501 U.S. 868 (1991).  The question then is           
          whether petitioners’ conduct meets the reasonably prudent person            
          standard.  See id.                                                          
               We do not believe that petitioners’ conduct meets this                 
          standard.  The law surrounding the disputed items is not complex.           
          With respect to the claimed deductions, petitioners were required           
          to maintain records, which they failed to do.  Furthermore, there           
          is no indication that petitioners sought the advice of a                    
          qualified tax advisor concerning any of the disputed items.  We             
          sustain respondent’s determination.                                         
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                                  Decision will be entered            
                                             under Rule 155.                          
























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