- 99 - accountant and tax return preparer. Moreover, nothing in the record suggests that petitioners were not justified in their reliance on Mr. Stienessen as a competent professional. We next consider whether petitioners provided to Mr. Stienessen necessary and accurate information for completion of petitioners’ tax returns. Except for Mr. Stienessen’s and Mr. Menard’s general testimony that Mr. Stienessen had necessary and accurate information, petitioners did not present evidence on this point. Although petitioners may have believed that they supplied to Mr. Stienessen all the information he needed, Mr. Stienessen clearly did not have necessary and accurate information with respect to the TMI expenses deduction and constructive dividend issues. Menards’s books and records did not separately identify the TMI expenses but, instead, lumped them together with Menards’s own operating costs. As a result, Mr. Stienessen was unable to properly assess whether Menards was claiming an unreasonable amount of the TMI expenses as a deduction and paying the excess as a constructive dividend to Mr. Menard. Regarding the constructive receipt of interest income issue, at trial, Mr. Stienessen testified that he did not report the interest income on Mr. Menard’s 1998 tax return because Mr. Menard was a cash basis taxpayer and received the check in 1999.Page: Previous 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 Next
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