Menard, Inc. - Page 102

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          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.            






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