Estate of Melvin W. Ballantyne, Deceased, Jean S. Ballantyne, Independent Executrix, and Jean S. Ballantyne - Page 54




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          check.  Russell testified that he thought Mr. Feldmann was aware            
          of any reimbursements for the drilling costs when the oil and gas           
          information was provided to him.                                            
               Russell has not shown that there was reasonable cause for              
          the underpayment attributable to the overstated IDC deduction and           
          that the he acted in good faith with respect to the underpayment.           
          Russell was aware that a portion of IDCs might be reimbursed to             
          him, yet he did not take steps to inquire as to whether any                 
          amount was reimbursed to him in 1995.  In the instant situation,            
          he cannot avoid his duty to file an accurate tax return by                  
          placing the responsibility with Carolyn to provide Mr. Feldmann             
          with the correct information regarding the amount of IDCs.                  
          Accordingly, we hold that Russell and Clarice are liable for the            
          accuracy-related penalty on the portion of the underpayment                 
          attributable to the IDC adjustment.                                         
               With respect to the Schedule C production tax deduction, Mr.           
          Feldmann testified that he would have calculated this based on              
          the information he received from Russell’s family or Melvin’s               
          family.  Russell’s only claim with respect to this adjustment is            
          that he reasonably relied on the advice of Mr. Feldmann.  He has            
          not shown that all necessary information was supplied to Mr.                
          Feldmann and that the overstated deduction resulted from Mr.                
          Feldmann’s mistake.  Russell and Clarice have not established               
          that they had reasonable cause or good faith with respect to this           






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