William R.Tinnerman - Page 5

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          1120S for the company for years 1999 and thereafter.  Beginning             
          with petitioner’s 1999 taxable year, petitioner stopped filing              
          returns or making estimated tax payments.                                   
               Mr. Mazer did not advise petitioner that he was not required           
          to file individual income tax returns for taxable years 1999                
          through 2002.  Mr. Mazer did not advise petitioner that his                 
          income from the company for taxable years 1999 through 2002 was             
          not taxable.                                                                
               On the Schedule K-1 attached to the Form 1120S for the                 
          company for year 1999, petitioner inserted the following                    
          statement (statement):                                                      
               “The corporation has determined the net income shown on                
               the Schedule K-1 (Form 1120S) does NOT constitute                      
               ‘gross income’ as determined by rules set forth in the                 
               Treasury Regulations at 26 CFR (4-1-99) Parts 1.61-1(a)                
               and (b) and 1.931-1(b)(1)-(4).  Therefore, since there                 
               is NO gross income, the net income shown on the K-1 is                 
               NOT reportable on your 1040 as taxable income.”                        
          Petitioner placed the statement on the Schedule K-1 after Mr.               
          Mazer had prepared the Form 1120S.  Petitioner added other                  
          statements similar to the statement to the Forms 1120S for the              
          company’s years 2000, 2001, and 2002.                                       
               Mr. Mazer did not advise petitioner that placing the                   
          statement on the Schedules K-1 relieved him of the requirement to           
          file an individual income tax return.  Petitioner did not consult           
          an attorney, accountant, or other tax professional about whether            







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