- 9 - reliance on a return preparer is not a defense to negligence, and taxpayers retain a duty to file an accurate return and generally are required to review their return before signing it. E.g., Metra Chem Corp. v. Commissioner, 88 T.C. 654, 662 (1987). However, in this case and with respect to these two items on petitioner’s tax returns, petitioner’s reliance was reasonable. Petitioner provided his return preparer with his business records, and the preparer computed the amounts of the deductions. Petitioner was reasonable in not questioning the preparer’s classification of some meal and entertainment expenses as “business promotion” expenses; because of the location of these expenses on the return, the 50 percent limitation was not obviously applicable. Petitioner was also reasonable in not questioning the preparer’s classification of the various tax expenses as deductible: Requiring petitioner to question and research the deductibility of each individual item would render his use of a preparer pointless. The record does not support respondent’s determination of negligence in this case. To reflect the foregoing, Decision will be entered for respondent with respect to the deficiencies and for petitioner with respect to the penalties.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011