Estate of Melvin W. Ballantyne, Deceased, Jean S. Ballantyne, Independent Executrix, and Jean S. Ballantyne - Page 53




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          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 a             






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