William and Shirley Pratt - Page 21




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          petitioners are not liable for the penalty pursuant to section              
          6662(a) for the years 1993 and 1994.                                        
               With respect to 1995, petitioner asserts that his reliance on          
          J.E. & Assoc. was reasonable.  We disagree.  Petitioner asserted            
          that the figures reflected on petitioners’ 1995 tax return were             
          “blown out of proportion”.   Petitioner testified that although it          
          was “possible” to have gross receipts and expenses in amounts as            
          reflected on petitioners’ 1993 and 1994 returns, with respect to            
          petitioners’ 1995 return, “jumping up another half a million                
          dollars in one more year, it’s impossible.”  Additionally,                  
          petitioner testified that he never examined the 1995 tax return             
          until recently.  The 1995 return was signed by petitioners on               
          November 18, 1996.  Petitioner stated that his attorney was                 
          “handling most of it until him [his attorney] and I parted ways”.           
          The colloquy set forth below exemplifies petitioner’s testimony on          
          this matter:                                                                
                    THE COURT:   * * * When you saw the return-–I know                
               that you have an accountant prepare–-                                  
                    MR. PRATT:  I never saw this return until just                    
               recently.                                                              
                    THE COURT:   Why not?                                             
                    MR. PRATT:  My attorney was handling most of it                   
               until him and I parted ways.                                           
                    THE COURT:   Yes, but we’re talking about ‘95.                    
                    MR. PRATT:   Yes.                                                 







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