Delaware Corp., et al. - Page 55

                                       - 55 -                                         
          T.C. 473, 487 (1990); Ma-Tran Corp. v. Commissioner, 70 T.C. 158,           
          173 (1978).                                                                 
               Although not entirely clear, it appears that petitioners are           
          arguing that they are not liable for the accuracy-related penal-            
          ties at issue because they sought and received tax advice from              
          professionals and relied upon such advice in ascertaining the tax           
          treatment of the disputed property expenses, the Virginia Beach             
          property depreciation deductions, the legal fees with respect to            
          the Mitchums Creek property, and the disputed child care expenses           
          that was reflected in their respective tax returns.                         
               The record establishes that a preparer prepared each of the            
          following tax returns:  Delaware Corporation’s 1994 return,                 
          Delaware Corporation’s 1997 return, Ms. Havens’s 1994 return, Ms.           
          Havens’s 1995 return, Mr. Barber’s 1994 return, and Mr. Barber’s            
          1995 return (collectively, returns in question).  The only                  
          professional on whom petitioners claim to have relied and who               
          testified at the trial in these cases was Mr. Braun.  No other              
          professional, including the preparers of the respective returns             
          in question, testified at trial.                                            
               The following colloquy took place on direct examination of             
          Mr. Braun:                                                                  
                    Q    What about the tax aspects of the deductions                 
               that the Delaware Corporation could take or would take                 
               as a result of acquiring these properties where they                   
               assumed debt [i.e., the Caroline County farm and the                   
               Virginia Beach property]?                                              






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