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(2) the taxpayer provided necessary and accurate information to
the adviser; and (3) the taxpayer actually relied in good faith
on the adviser’s judgment. Weis v. Commissioner, supra at 487
(citing Pessin v. Commissioner, 59 T.C. 473, 489 (1972)).
The gist of the disallowance of petitioners’ noncash
charitable contribution deductions was their failure to comply
with certain statutorily specified procedural requirements that
were intended to enable respondent to monitor such deductions.
Petitioners relied on their tax professionals to properly report
the charitable contribution deductions. The Court’s holding on
this issue was based on these procedural failures.
Petitioners’ C.P.A., Mr. Kramer, has been licensed since
1967, and he prepared tax returns and gave tax advice for a
living. He prepared approximately 1,000 tax returns each year.
Mr. Kramer, in addition to preparing petitioners’ returns, also
provides tax and consulting advice for petitioners and their
corporation, Beneco. Mr. Kramer advised petitioners with respect
to the noncash charitable contributions that they may have made
in 1998, 1999, 2000 and 2001, and he was aware that they were
relying on his advice. He also prepared petitioners’ tax returns
for the years at issue, making certain necessary recommendations
as to obtaining an appraisal, when to get the appraisal, and what
type of appraisal to obtain. He was not instructed by any of
petitioners on how to do his job or how to value the partnership
interests that were donated. Mr. Kramer instructed petitioners
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