Mediaworks, Inc. - Page 21

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          order to prepare complete and accurate tax returns for petitioner           
          and that Jung would be unable to prepare complete and accurate              
          returns given the information with which he was furnished.                  
               Nor do we believe that Roach, as an officer of petitioner,             
          reasonably relied on his stated belief that a prior audit of the            
          disputed deductions did not result in a disallowance of them.               
          First, from a factual point of view, we are unable to find on the           
          basis of the credible evidence in the record that respondent in a           
          prior year actually passed upon the application of sections                 
          162(a) and 274(a)(1)(B) to expenses similar to those underlying             
          the disputed deductions.  According to Jung, Roach’s 1993                   
          individual income tax return was the only prior return that was             
          audited, and respondent determined during this audit that 20                
          percent of the sailboat use at issue there was personal in                  
          nature.  We know nothing about the facts underlying that                    
          determination or the facts underlying the earlier boat                      
          (presumably, the Catalina).  We do know, however, that the facts            
          underlying the earlier boat’s usage are different from the facts            
          at hand in that Roach only began to race sailboats earnestly in             
          1993.  We also know that petitioner has not explained why, in               
          examining Roach’s personal income tax return, respondent would              
          have passed on an application of section 274(a)(1)(B).  In a case           
          such as this involving a corporation and its sole shareholder,              
          that section serves to disallow the deduction taken for the                 






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