- 17 - not automatically a defense to negligence, but it is one factor to be considered. See Freytag v. Commissioner, 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S. 868 (1991). It must be established that the reliance was reasonable, in good faith, and based upon full disclosure. Ewing v. Commissioner, 91 T.C. 396, 423-424 (1988), affd. without published opinion 940 F.2d 1534 (9th Cir. 1991); Metra Chem Corp. v. Commissioner, 88 T.C. 654, 662 (1987); Pritchett v. Commissioner, 63 T.C. 149, 175-176 (1974). In his defense, petitioner claims that he did not have a great deal of time to file the 1991 return by April 1994. This was due to respondent’s examination that followed petitioner’s plea of guilty to Medicaid fraud. Petitioner hired an accountant who reconstructed petitioner’s records because adequate records had not been maintained for his taxi-leasing business and Medicaid activities. Petitioner’s accountant reconstructed petitioner’s tax reporting position from the records available and from information provided by petitioner. With respect to the income side of petitioner’s 1991 reporting, respondent made no adjustments with the exception of $1,313 of interest income. With respect to petitioner’s deductions, however, respondent disallowed a claimed $1,490 loss from the sale or involuntary conversion of a taxi. Respondent, in the notice of deficiency, allowed $112,023 of the $254,787 petitioner claimed as business deductions. During pretrialPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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