Timothy and Barbara Kosinski - Page 27




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          However, petitioners’ accountants were hired by petitioners to              
          perform only a compilation of their accounts and prepare their              
          tax returns.  The evidence does not show that the accountants               
          could have discerned the nature of the extensive cash dealings by           
          petitioners if the additional documents had been reviewed.                  
          Although petitioner’s accountants had warned him that checks must           
          be made payable to the actual recipients of the money, petitioner           
          never informed them of his cash transactions, which were                    
          obviously designed to circumvent their advice to him.  The first            
          time the accountants were made aware of any cash dealings was               
          when approached by IRS agents investigating petitioners for                 
          criminal tax violations.                                                    
               A taxpayer is not entitled to shift responsibility for                 
          inaccurate returns onto his return preparer where the preparer is           
          not provided with complete and accurate information regarding the           
          taxpayer’s income and expenses.  See Korecky v. Commissioner, 781           
          F.2d 1566, 1569 (11th Cir. 1986), affg. per curiam T.C. Memo.               
          1985-63; Merritt v. Commissioner, 301 F.2d 484, 487 (5th Cir.               
          1962), affg. T.C. Memo. 1959-172.  The responsibility of filing             
          accurate returns remains principally with the taxpayer,                     
          especially where the taxpayer has taken an active and controlling           
          role regarding the information that is used for the preparation             
          of the returns.  See Medlin v. Commissioner, T.C. Memo. 2003-224,           
          affd. 138 Fed. Appx. 298 (11th Cir. 2005).  Petitioners cannot              







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