- 5 - 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 whetherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011