- 18 - 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.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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