Fred Allnutt - Page 18

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          Neonatology Associates, P.A. v. Commissioner, 115 T.C. 43, 99               
          (2000), affd. 299 F.3d 221 (3d Cir. 2002).  Petitioner testified            
          at trial on July 15, 2003, that he did not remember whether he              
          discussed Allnutt I with his C.P.A. or showed him that opinion.6            
          He did not call his C.P.A. as a witness.  Petitioner has not                
          shown that he gave complete and accurate information to his                 
          C.P.A., that his C.P.A. advised him that he could carry forward             
          NOLs from 1981-86 to the years in issue, or that he reasonably              
          relied on the advice of his C.P.A.                                          






               6 After trial, petitioner filed an affidavit which includes            
          the following:                                                              
                    6.  That I am filing this Affidavit to verify that                
               the Certified Public Accountant (CPA) firm employed by                 
               me to prepare my tax returns for tax years 1987 through                
               1995 and my informational tax returns for 1981 through                 
               1986 was aware of my previous tax court case.                          
                    7.  That I told said CPA firm about my earlier tax                
               court case (referred to in the instant case as “Allnutt                
               1 [sic]") and ask them to use the income determined in                 
               Allnutt I by the tax court for the 1981 through 1986                   
               tax years because it had already been determined to be                 
               correct.                                                               
                    8.  That the income listed on my 1981 and 1986 tax                
               years is the same income determined by Allnutt I by the                
               tax court as taken from the tax court records by said                  
               CPA.                                                                   
          We do not consider petitioner’s affidavit because it is not                 
          admitted into evidence.  See sec. 7453; Rule 143(b); Walford v.             
          Commissioner, T.C. Memo. 2003-296 at n.10.                                  




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