William F. Middleton - Page 19




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         based upon the information provided by petitioner.  In that                  
         regard, petitioner has not shown that respondent should have                 
         allowed more based on any record that is available to                        
         petitioner.5                                                                 
               Finally, petitioner argues that his reliance on his                    
         accountant was reasonable.  Petitioner contends that he simply               
         provided the information to his accountant and that the                      
         accountant decided the amount of deductions to which petitioner              
         was entitled for 1991.  Petitioner, however, did not corroborate             
         this contention, and he failed to present his accountant as a                
         witness to show that his reliance was reasonable.  See Zfass v.              
         Commissioner, supra at 189.                                                  
               More importantly, petitioner has admitted that (1) the                 
         preparation of his 1991 return was accomplished in a rush and (2)            
         he may not have provided his accountant with complete                        
         information.  Finally, petitioner was unable to substantiate                 
         almost 40 percent of the business deductions he claimed.                     
         Therefore, petitioner’s claim of reliance was, in the                        
         circumstances of this case, unreasonable.  Accordingly, we hold              
         that petitioner is liable for the accuracy-related negligence                
         penalty for 1991 on the underpayments attributable to the omitted            


               5 Petitioner also contended that the State of Maryland had             
         accepted his amended and 1991 State income tax returns without               
         change.  Petitioner has not shown, however, how that fact (if it             
         is a fact) would show that petitioner was reasonable in                      
         connection with the filing of his Federal income tax returns.                





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