Valentina Perrah v. Commissioner - Page 9




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          Pritchett v. Commissioner, 63 T.C. 149, 175-176 (1974).                     
               The record reflects that Mr. Kington, the preparer of her              
          original Federal income tax returns, was petitioner’s accountant            
          for 7 years.  However, petitioner has not shown Mr. Kington’s               
          qualifications or what records she provided to him in order to              
          prepare her returns.5  Therefore, we are unable to find that                
          petitioner’s reliance on Mr. Kington was in fact reasonable.                
               The record also reflects that petitioner relied on Mr.                 
          Nemiroff, her attorney, in submitting amended returns for 1994              
          and 1995.6  However, in the context of this case, petitioner’s              
          reliance on her attorney and her willingness to correct her                 
          mistakes are irrelevant.  As respondent has applied the section             
          6662(a) penalty to the underpayment reflected on petitioner’s               
          original returns, we measure petitioner’s good faith and                    
          reasonable reliance as of the date of filing her original                   
          returns.                                                                    
               In that regard, petitioner argues that the penalty should              
          apply to the underpayment reflected on petitioner’s amended, as             




               5 The credentials of Ron Kington are unclear from the                  
          record.                                                                     
               6 Petitioner also contends that, on the advice of her                  
          attorney, she hired a new accountant to prepare her amended                 
          returns.  Other than petitioner’s testimony, there is no evidence           
          that she did so. In that regard, petitioner’s amended returns are           
          not even signed by a tax preparer.                                          





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