Robert C. Henry II - Page 10

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          accountant (and return preparer) indicated to him that he had               
          some concern about the returns, that "your taxes are not what               
          they should be", and there was something that did not "measure              
          up".  Petitioner discussed this concern with Allan, who assured             
          him that the information on the returns was accurate.  Petitioner           
          trusted Allan at the time and made no further inquiries into the            
          matter.  Moreover, petitioner's accountant never suggested any              
          specific areas on the returns that were suspect.  After the audit           
          of his returns and the reasons for the shortcomings came to                 
          light, petitioner dismissed his brother from the business and               
          conceded to the adjustments, except for the issues discussed,               
          portions of which were conceded by respondent and, in one                   
          instance, allowed by the Court.                                             
               On this record, the Court holds that petitioner is not                 
          liable for the accuracy-related penalties under section 6662(a)             
          for the 3 years in question.  The circumstances described satisfy           
          the Court that there was an honest ignorance of the facts by                
          petitioner regarding Allan's actions in failing to report all the           
          gross receipts of the business.  However, the Court sustains                
          petitioner's liability for the accuracy-related penalties for the           
          3 years in question for that portion of the deficiencies                    
          attributable to the unreported interest income.                             








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