Waterfall Farms, Inc. - Page 26

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          expenses for food and lodging.5  Petitioners simply assert that             
          the accuracy-related penalty does not apply because Waterfall               
          Farms properly claimed the deductions under section 162(a) and              
          the Hubers properly excluded the payments under section 119.  We            
          have found to the contrary.                                                 
               Under these circumstances, we are compelled to hold that               
          Waterfall Farms is liable for the accuracy-related penalty for              
          the years at issue.                                                         
               To reflect the foregoing,                                              
                                                       Decisions will be              
                                                  entered for respondent.             












               5Before the trial in these cases, respondent filed a motion            
          to disqualify Mr. Bleeker from his representation of petitioners.           
          Respondent’s motion was based, in part, on the premise that, if             
          petitioners contend that they reasonably relied on Mr. Bleeker’s            
          advice with respect to the proper tax treatment of the payments             
          at issue, then Mr. Bleeker would be required to testify as a                
          witness in the trial of these cases.  The Court held a telephone            
          conference call with Mr. Bleeker and counsel for respondent to              
          discuss respondent’s motion.  During that call, Mr. Bleeker                 
          informed the Court that petitioners did not intend to raise                 
          reasonable reliance on a tax professional as a defense to the               
          accuracy-related penalties.                                                 




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Last modified: May 25, 2011