Lewis Peter and Judy Hasty Larson - Page 8




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               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 to                






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