Elizabeth Giles - Page 48

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          of all of the facts and circumstances, including the                        
          experience, knowledge, and education of the taxpayer.”  Id.                 
               Petitioner asserts that she acted with reasonable cause                
          and in good faith, pointing out that:  (1) In 1994,                         
          petitioner was audited “on this same issue for the same                     
          business” and received a no-change letter; and (2)                          
          petitioner consulted with Mr. Wessman, a C.P.A., who                        
          prepared her Federal income tax returns for the years in                    
          issue.                                                                      
               While petitioner did receive a no-change letter with                   
          respect to her horse activity during 1991 and 1992, the                     
          audit focused on the passive activity rules of section 469.                 
          Because this case focuses on the hobby loss rules of section                
          183, the no-change letter received in 1994 cannot serve as a                
          basis for reasonable cause.                                                 
               Reliance upon the advice of an expert tax preparer may                 
          demonstrate that a taxpayer acted with reasonable cause and                 
          good faith in the context of section 6662(a).  Freytag v.                   
          Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011                  
          (5th Cir. 1990), affd. 501 U.S. 868 (1991); see sec. 1.6664-                
          4(c)(1), Income Tax Regs.  Petitioner provided Mr. Wessman                  
          with the annual profit and loss statements prepared by Ms.                  
          Pope.  Respondent has conceded that these statements were                   
          adequate to substantiate all of petitioner’s claimed                        






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