- 4 - The only evidence offered at trial by petitioner was the canceled check and the testimony of Olbres. Olbres testified that she never had any discussions with Coupounas as to how he would charge petitioner for accounting and legal services. She acknowledged that it was not petitioner’s standard business practice to retain service providers or suppliers without knowing what they were going to charge. She attempted to explain her reliance on Coupounas by reference to his history of preparation of tax returns for her parents and for her. Coupounas declined to cooperate with petitioner’s counsel, and there are no documents in the record reflecting services allegedly performed by Coupounas for petitioner other than the tax return prepared by him. We are not persuaded that economic performance with respect to the professional fees claimed had occurred during the year in issue. Coupounas never submitted an invoice to petitioner, unlike other suppliers with whom petitioner did business. Based on the testimony and lack of contemporaneous documentation, we conclude that the amount of the professional fees for services allegedly rendered by Coupounas could not have been determined with reasonable accuracy by the end of 1994. Olbres also testified that, at the time she signed the return, she was not aware that more than $65,000 in professional fees expense wasPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011