James Tinnell - Page 45




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          presented to indicate that he “reasonably relied upon the                   
          expertise and advice” of his accountant, however, was his own               
          self-serving testimony, which we are not required to accept.  See           
          Tokarski v. Commissioner, 87 T.C. 74, 76 (1986).  Petitioner’s              
          1993 return does not indicate that the marketability discount was           
          taken on the advice of his accountant or that petitioner                    
          consulted his accountant.  Further, there is no evidence that               
          petitioner retained an expert to value the stock before claiming            
          the marketability discount.  To the contrary, the schedules                 
          indicate that the additional discount was taken because                     
          petitioner felt that the stock was restricted and that an                   
          additional discount was warranted.26                                        
               We find that petitioner has failed to prove that there was             
          reasonable cause for the understatement and that he acted in good           
          faith in applying an additional discount to reduce the value of             
          the Zila stock acquired by exercising his stock options.  We                
          hold, therefore, that petitioner is liable for an accuracy-                 
          related penalty with respect to the additional income generated             
          by the exercise of his Zila stock options.                                  



               25(...continued)                                                       
          of income tax.  See sec. 6662(b)(2), (d)(2)(B); sec. 1.6662-4(a),           
          Income Tax Regs.                                                            
               26Petitioner’s reporting position regarding the additional             
          discount was inconsistent with the Form 1099 furnished by Zila,             
          which allowed a blockage discount of only $282,979.                         





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