Trans World Travel - Page 20




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               to perform on a continuing basis all necessary acts                    
               with respect to petitioners’ tax affairs.  Levy’s                      
               conduct in filing the petition was of the same general                 
               nature as, and incident to, those functions that he was                
               employed to perform. [Id.]                                             
               In the present case, the record clearly demonstrates that              
          neither James nor John, nor any of petitioner’s other employees,            
          possessed any expertise in Federal tax matters and that, as a               
          consequence, James and John retained, and relied on for a period            
          of 7 or 8 years, CJ&J, and particularly Jaffe, to provide tax               
          services, including the representation of petitioner before the             
          Internal Revenue Service.  The record also clearly demonstrates             
          that James and John trusted Jaffe and had confidence in him.                
          Indeed, they regarded Jaffe as their friend, and they gave him              
          full and unfettered access to petitioner’s books and records;               
          Jaffe was even authorized to deal directly with the vice                    
          president of petitioner’s bank.                                             
               Because James and John trusted and relied on Jaffe, neither            
          brother paid close attention to petitioner’s tax matters.                   
          Rather, they adopted a hands-off approach and essentially                   
          delegated responsibility for petitioner’s tax matters to Jaffe.             
          They also instituted, or acquiesced in, an office procedure                 
          whereby tax-related mail was routed to James’ office, where it              
          was placed, generally unopened and unread by James, in a box                
          reserved for Jaffe’s use.  They also frequently signed, without             
          scrutiny or inquiry, tax-related documents that were presented to           






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