- 8 - income understated in the badly printed 1099. (Exhibit “B”) In April of 2000, when it came time to prepare 1999 tax returns, the Larsons were having work done on their home and were living in a small cottage owned by friends who were out of town. Larson constructed his return with limited access to his records by pulling relevant documents together, inputting them into a computer Excel program and summarizing them. Where possible or relevant, he compared all numbers to prior year numbers. This is useful for checking several of the items in the return, but since income varied widely from 1998 to 1999, it was not useful for the line item in question. The Form 1099 from Windermere (Exhibit “A”) has the amount of $1891 clearly typed on it. It was only apparent in retrospect, that there was a 2 overtyped on the Bold preprinted $ sign. The actual amount paid to him as a consultant was $21891, before he was converted to an employee of Windermere. Since the IRS obtains this data in electronic format instead of print, they had the advantage of receiving a clear number, where Mr. Larson did not. * * * * * * * Mr. Larson used reasonable care in saving all his tax documents to prepare his statement, entered them into a computer program to eliminate math errors, took the precaution to compare to prior years, then used that program to complete his tax forms. Due to the irregular nature of his earnings and their timing, theses mistakes were not easily discernable. [Repro- duced literally.] Before turning to petitioners’ position that under section 6664(c)(1) the Court should not hold them liable for the accuracy-related penalty, we note that substantially all of the above-quoted factual allegations, including the alleged details surrounding Mr. Larson’s work history with respect to Windermere, petitioners’ living arrangements during April 2000, and Mr. Larson’s preparation of the 1999 joint return, are not supported by the record in this case, and we shall not rely on them toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011