- 26 - 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.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Last modified: May 25, 2011