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Robarts v. Commissioner, 103 T.C. 72 (1994), affd. without
published opinion 56 F.3d 1390 (11th Cir. 1995); Hamilton Indus.,
Inc. v. Commissioner, 97 T.C. 120, 127-128 (1991); and Budd Co.
v. Commissioner, 33 T.C. 813 (1960), provide substantial
authority for his position that he can claim losses for years for
which we held in Allnutt I that he had substantial income. We
disagree. The courts in the cases petitioner cites held that it
was appropriate to consider facts from years closed by the
statute of limitations in calculating tax liabilities for the
years before the court. However, those cases are inapplicable
here because they did not involve years that were litigated and
barred by res judicata. Petitioner’s contention that he can
claim he had losses in years for which we decided in Allnutt I
that he had substantial income does not logically follow from
those cases.
e. Whether Petitioner Relied on His C.P.A.
A taxpayer may be relieved of liability for negligence if
the taxpayer shows that he or she reasonably relied on the advice
of a qualified tax professional. Sec. 6664(c). Petitioner
contends that he was not negligent because he reasonably relied
on his C.P.A. We disagree. To establish reasonable reliance on
the advice of a competent adviser, a taxpayer must show that he
or she provided the return preparer with complete and accurate
information. DeCleene v. Commissioner, 115 T.C. 457, 477 (2000);
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