- 53 - testified that he had the correct information to compute the amounts of the deductions, but he explained that the law governing these deductions had changed in previous years and that he had not updated himself on the change. Overall, the evidence reflects that Mr. Feldmann was provided with all the necessary information to compute the correct amounts of the depletion deductions for 1994 and 1995 and that the incorrect amounts reported on the returns were solely attributable to his failure to apply the law correctly. Accordingly, we hold that Russell and Clarice are not liable for the accuracy-related penalties on the portions of the underpayments attributable to the depletion deduction adjustments. For the taxable year 1995, Carolyn provided Mr. Feldmann with the information regarding IDCs paid by Russell in 1995. A portion of the IDCs deducted by Russell in 1995 had actually been reimbursed to him by Ballantyne Oil and Gas, Inc., during that year. Mr. Feldmann was not informed that Russell had been reimbursed for approximately $97,790 of those expenses, and he did not account for the amount reimbursed when he computed the amount of the IDC deduction. At trial, Russell acknowledged that he knew that a portion of IDCs was sometimes reimbursed later. However, Russell claimed that he would not have been aware of any reimbursement because the amount reimbursed was automatically deposited in his bank account, and he would not have received aPage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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