Joseph A. and Sari F. Deihl - Page 77

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          at 173; Pessin v. Commissioner, supra at 489.  Petitioners here             
          have not done so.  They have shown neither that they initially              
          gave all requisite information to Mr. Goltz nor that Mr. Leo had            
          available for his use sufficient accurate materials to prepare              
          correct returns.                                                            
               For instance, did petitioners at one time provide to their             
          advisers receipts or invoices that would substantiate the many              
          expenditures for which the record contains no documentary                   
          evidence?  With respect to those items that were reflected in               
          available receipts or invoices, did petitioners offer to their              
          advisers further explanation, particularly in connection with               
          purchases at retail establishments, as to the intended recipient            
          and/or use of the articles purchased?  When they were at                    
          conventions, potentially away from their accounting staff, did              
          they maintain documentation of business expenses that arose and             
          carefully segregate any personal purchases?  Were the                       
          professionals, like the Court, limited in various circumstances             
          to blanket statements that “all” outlays at a certain location or           
          using a particular credit card related to the businesses?  What             
          specific information was available to the advisers with respect             
          to the improvements to petitioners’ residence?  On this record,             
          the Court simply cannot conclude that petitioners have met the              
          evidentiary burden of the second prong of the test for reasonable           
          reliance.                                                                   
               The Court likewise has reservations about petitioners’                 
          compliance with the third prong that flow to a certain degree               


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