- 61 - that his deductions were claimed in good faith and pursuant to his reasonable reliance upon his professional tax adviser, Mr. DiMaggio, and his lawyers. Although petitioner places the blame for erroneous reporting positions on both his accountant and his attorney, petitioner directs most of the blame to his accountant, Mr. DiMaggio. Petitioner claims, among other things, that it was Mr. DiMaggio who decided to treat LFI and BAC as businesses under section 162, who decided that LFI and BAC met the material participation requirements of section 469, and who decided to treat BAC as an S corporation for Federal tax purposes. Petitioner also claims that he reasonably relied upon his accountant for all decisions regarding the proper tax treatment of LFI and BAC. Mr. DiMaggio testified extensively at the trial in this case. Although Mr. DiMaggio admitted that he consulted with petitioner concerning LFI and BAC, at no point during his testimony did Mr. DiMaggio admit that he was responsible for the reporting positions taken on petitioner’s returns with respect to LFI and BAC. Mr. DiMaggio’s testimony only reinforces the impression left by the record as a whole that he did not have accurate information regarding the use of Granot Loma and the aircraft and that petitioner intended from the time he purchased Granot Loma and the aircraft to claim they were business assets used in a business activity. For example, although Mr. DiMaggio never visited Granot Loma during the years at issue, Mr. DiMaggioPage: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
Last modified: May 25, 2011