Rhett Rance Smith and Alice Avila Smith, et al. - Page 77




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          deductions, and return reporting and that they appropriately                
          followed the advice and return reporting positions of those                 
          professionals.  Respondent, however, sees petitioners as                    
          sophisticated and successful business people who understand                 
          complex legal concepts in connection their Beneco business.                 
          Respondent contends that petitioners should have known that the             
          positions they took on their returns were incorrect.                        
               Respondent also points out that petitioners have conceded              
          their offshore leasing issue and the penalties determined with              
          respect to it and that those transactions reflected that                    
          petitioners had a high tolerance for risk in their tax reporting.           
          In essence, respondent argues that petitioners were willing to              
          take aggressive tax reporting positions and that we should                  
          consider that in evaluating petitioners’ other deductions and               
          reporting positions.                                                        
               Petitioners claim to have relied upon their accountants for            
          the contribution and section 183 loss issues.  Mr. Kramer                   
          prepared petitioners’ returns for the years 1998 through 2001.              
          Petitioners each testified that they relied upon Mr. Kramer to              
          properly prepare their returns.                                             
          Petitioners’ Accuracy-Related Penalties for Their Noncash                   
          Charitable Contribution Adjustments for the 1998, 1999, 2000, and           
          2001 Tax Years                                                              
               Each couple conceded that they are liable for the accuracy-            
          related penalties with respect to their offshore leasing                    
          transactions, a matter which affected their liabilities for                 





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