Robert C. Henry II - Page 9

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          Stubblefield v. Commissioner, T.C. Memo. 1996-537; sec. 1.6664-             
          4(b)(1), Income Tax Regs.  Under section 1.6664-4(b)(1),                    
          "Circumstances that may indicate reasonable cause and good faith            
          include an honest misunderstanding of fact or law that is                   
          reasonable in light of all of the facts and circumstances,                  
          including the experience, knowledge, and education of the                   
          taxpayer."                                                                  
               The deficiencies in this case, except for the nominal                  
          unreported interest income amounts, are solely attributable to              
          the actions of Allan in not providing to petitioner's income tax            
          return preparer, an accountant, all the sources of receipts of              
          petitioner's business income.  In addition, Allan was addicted to           
          drugs, although the Court acknowledges that the deficiencies                
          determined by respondent do not include income that was diverted            
          by Allan to sustain his drug habit.  Nonetheless, the Court is              
          satisfied from the evidence that petitioner was not aware of the            
          problem with Allan and was unaware that Allan was under reporting           
          the gross receipts of the funeral home to petitioner's return               
          preparer.  Not until petitioner's returns were examined by                  
          respondent did petitioner learn that substantial amounts of his             
          income were being diverted by Allan for his drug addiction, and             
          that Allan was not providing the correct gross receipts                     
          information to the return preparer.  Petitioner acknowledged at             
          trial that, after the 1996 and 1997 returns were prepared, his              





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