Perry Alan Pedersen - Page 10




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               Turning to the third prong of the Neonatology test, we note            
          that petitioner admitted at trial that he had not examined his              
          2002 tax return “closely enough.”  Petitioner had a duty to read            
          his return to ensure that all income items were included.  Magill           
          v. Commissioner, 70 T.C. 465, 479-480 (1978), affd. 651 F.2d 1233           
          (6th Cir. 1981).  Petitioner was not permitted to bury his head             
          in the sand and ignore his obligation to ensure that his tax                
          return accurately reflected his income for the 2002 taxable year.           
          In the end, reliance on his accountant does not excuse                      
          petitioner’s failure to closely examine his 2002 tax return.                
               To the extent that petitioner and/or his accountant might              
          have been confused by the fact that petitioner’s employer, Altana           
          Inc., issued two Forms W-2 for the 2002 taxable year rather than            
          one, they were free to contact petitioner’s employer to inquire             
          as to that issue.  As was conceded by petitioner at trial,                  
          neither petitioner nor his accountant contacted Altana, Inc.,               
          before filing petitioner’s 2002 tax return, in order to determine           
          why petitioner had been issued two Forms W-2 for the 2002 taxable           
          year.  Given (1) the materiality of the large amount of                     
          unreported Form W-2 income, (2) the fact that petitioner and his            
          accountant were both confused as to why petitioner had received             
          two Forms W-2, and (3) the fact that neither one of them made a             
          reasonable effort to resolve that issue, the Court cannot find              
          that petitioner relied in good faith on Mr. Beail’s advice.                 







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