- 17 - 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);Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011