James J. McCarron III and Michelle McCarron - Page 20

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          lacking substance); Mitchell v. Commissioner, T.C. Memo. 2001-269           
          (lawyer-accountant held liable for accuracy-related penalty for             
          deducting farm losses with no credible plan to make profit);                
          Emerson v. Commissioner, T.C. Memo. 2001-186 (lawyer liable for             
          accuracy-related penalty for failing to keep adequate records               
          required by section 6001).                                                  
               Petitioner has been a tax return preparer since at least               
          1990.  Between 1993 and 1995, he prepared at least 500 tax                  
          returns and was paid for his services.  Given petitioner's                  
          experience in preparing tax returns and his knowledge that                  
          petitioners were previously held liable for omitting income and             
          failing to substantiate expenses, this Court concludes that he              
          failed to act with reasonable cause and in good faith in                    
          determining his tax liability.  See Wilkerson v. Commissioner,              
          T.C. Memo. 1998-68 (C.P.A. and wife, experienced return preparers           
          who failed to report fees and other income, were held liable for            
          negligence penalty).  The Court holds that petitioners are liable           
          for the accuracy-related penalties under section 6662(a).                   
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   












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