Ronald A. and Carol J. Lehrer - Page 8

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          Borrelli the tax organizer he requested every year and                      
          additionally sent all supporting documentation requested.  We               
          find that petitioners provided Mr. Borrelli with the necessary              
          and accurate information to prepare their income tax returns.               
               Finally, we address whether petitioners relied in good faith           
          on Mr. Borrelli’s advice.  Petitioner stated he wanted a return             
          preparer who would be more readily available and more responsive            
          to his questions.  Yet he chose Mr. Borrelli, who lives in St.              
          Louis, Missouri, without evaluating any local northern California           
          alternatives.                                                               
               We find that petitioners failed to perform the due diligence           
          that a reasonably prudent person would perform before hiring an             
          income tax return preparer.  Petitioner did little to investigate           
          Mr. Borrelli’s qualifications before hiring him.  Petitioner did            
          not determine whether Mr. Borrelli was a CPA or had relevant                
          education and experience.                                                   
               Although petitioner may have graduated only from high                  
          school, he has been managing a construction business generating             
          millions of dollars in revenues for several years, and he                   
          personally engaged in hundreds of thousands of dollars of day               
          trading during the years at issue.  Petitioners’ income tax                 
          liability went from more than $40,000 a year when Ms. Irussi                
          prepared returns for them to essentially zero when Mr. Borrelli             
          prepared the returns.  Yet the gross revenues from the                      






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