Skip to content
aicpa-logo-black
  • AICPA Resources:
  • AICPA-CIMA.com
  • Tax Section
  • Store
The Tax Adviser
  • INDIVIDUALS
    • All articles
    • Credits
    • Deductions
    • Income
    • Specialized Issues

    Latest Stories

    • Average tax refund rises 11%; total filings decline
    • Prop. regs. issued on new qualified tips deduction
    • IRS releases FAQs on qualified overtime pay deduction under H.R. 1
    • IRS to start accepting and processing tax returns on Jan. 26
  • PASSTHROUGHS
    • All articles
    • S Corporations
    • Partnerships & LLCs
    • Contributions, Distributions & Basis
    • Reporting & Filing Requirements

    Latest Stories

    • Partner redemptions from ‘dry’ partnerships
    • Death of an LLC member: Basic tax considerations
    • Penalties under codified economic substance doctrine upheld
    • TEFRA petition filing deadline is jurisdictional
  • CORPORATIONS
    • All articles
    • Deductions
    • Formation & Reorganizations
    • Income
    • Reporting & Filing Requirements

    Latest Stories

    • Deductibility of transaction costs incurred by an indirectly acquired entity
    • IRS issues guidance on treaty application to reverse foreign hybrids
    • Practical tax issues related to qualified reopenings
    • Partner redemptions from ‘dry’ partnerships
  • ESTATES
    • All articles
    • Estate Tax
    • Gift Tax
    • Tax Computation
    • Types of Trusts

    Latest Stories

    • Estate of McKelvey highlights potential tax pitfalls of variable prepaid forward contracts
    • Recent developments in estate planning
    • Estate tax considerations for non-US persons owning US real estate
  • PROCEDURE
    • All articles
    • Collections & Liens
    • Representations & Examinations
    • Tax Planning & Minimization

    Latest Stories

    • IRS removes associated-property rule from interest capitalization regulations
    • Penalties under codified economic substance doctrine upheld
    • Refund suit dismissed because Flora full-payment rule not met
    • IRS should open Trump accounts for eligible children automatically, AICPA says
  • Home
  • News
  • Magazine
  • Topics
Advertisement
  1. newsletter
  2. TAX INSIDER
TAX INSIDER

Reliance on tax software does not let taxpayer off the hook

A taxpayer cannot blame tax preparation software for inaccuracies that lead to penalties, the Tax Court holds.

By Craig W. Smalley
August 3, 2017

Please note: This item is from our archives and was published in 2017. It is provided for historical reference. The content may be out of date and links may no longer function.

Related

February 19, 2026

Average tax refund rises 11%; total filings decline

January 31, 2026

Prop. regs. issued on new qualified tips deduction

January 23, 2026

IRS releases FAQs on qualified overtime pay deduction under H.R. 1

TOPICS

  • Individual Income Taxation
    • Deductions

A recent Tax Court case provides a cautionary tale for taxpayers who rely on do-it-yourself tax preparation software to prepare their tax returns. In the case, the Tax Court held that a taxpayer couldn’t blame his tax prep software for deductions that he took on his tax return that were disallowed (Bulakites, T.C. Memo. 2017-79).

Barry Bulakites is an insurance consultant who used TurboTax to prepare his own returns. The IRS believed he claimed too many deductions, but Bulakites argued that he had enough evidence to prove some of them and, according to the Tax Court, blamed the software for “luring him into claiming others.”

TurboTax, which is aimed at individual taxpayers preparing their own returns, asks the user a series of questions and then fills out the tax return based on those answers. The problem is that sometimes the user doesn’t understand the questions.

The main issue in Bulakites’s case arose from a lawsuit in which Bulakites was a defendant. In 2007, the settlement of that lawsuit left him liable for $500,000.

Bulakites said he paid the settlement by taking out a $500,000 loan secured by his home. Bulakites planned to sell his home and use the proceeds to pay the note when it came due. However, because of the start of the Great Recession, he was unable to sell his house and he managed to pay only a fraction of what he owed.

Bulakites claimed interest deductions on the loan of $31,000 for 2011 and $48,000 for 2012. The court acknowledged that he paid the interest to the lender, but the amount paid did not match the amount deducted on the return. Bulakites did not produce any paperwork to show what had happened to the original loan, which was originally due to be paid off in 2008. The court said it could not figure out if the loan had been extended or refinanced: “Without any paperwork (in a situation where there should have been lots of paperwork) we are left only with his testimony about the total amounts of the payments and the allocation of those payments between principal and interest” (slip op. at p. 7). Finding Bulakites to be a less-than-credible witness, the court upheld the IRS’s disallowance of the entire amount of his interest deduction for both years

In 2009, Bulakites and his wife legally separated, and they divorced a year later. Under their separation agreement, Bulakites was to pay $2,000 per month in spousal support to his ex-wife until he sold the marital residence. After that, the payments would increase to $8,000.  

Bulakites and his ex-wife never entered into any subsequent maintenance agreements, but because he could not sell the house, and to do “the right thing,” Bulakites orally agreed with his ex-wife to increase his payments to her to $5,000 per month. According to the Tax Court, he paid his ex-wife about $50,000 in both 2011 and 2012. Bulakites deducted these payments as alimony in the years at issue (2011 and 2012), but the court ruled that the oral agreement he had with his ex-wife wasn’t sufficient to modify the couple’s separation agreement and therefore the payments did not qualify as alimony.

Bulakites also claimed a net operating loss (NOL) of $185,673, all but $142 of which the IRS disallowed. The court noted that, to claim an NOL, a taxpayer is required to substantiate the claim to the deduction by filing “a concise statement setting forth the amount of the net operating loss deduction claimed and all material and pertinent facts relative thereto, including a detailed schedule showing the computation of the net operating loss deduction” (slip op at p. 8). Bulakites failed to provide this documentation at trial. He submitted a return for a previous year but not for the year in which the NOL arose. Therefore, the court found that the IRS had properly determined that Bulakites was not entitled to an NOL deduction.

Finally, the court addressed the IRS’s imposition of accuracy-related penalties under Sec. 6662(a) for substantial understatements of income tax for both 2011 and 2012. Bulakites tried to blame TurboTax for his mistakes, but the court rejected his claim and upheld the penalties, quoting another Tax Court case, Bunney, 114 T.C. 259, 267 (2000), “[t]ax preparation software is only as good as the information one inputs into it” (slip op. at p. 9).

Craig W. Smalley is an enrolled agent and the founder and CEO of CWSEAPA PLLC, which provides accounting and financial services.    

Advertisement

Latest News

February 28, 2026

Deductibility of transaction costs incurred by an indirectly acquired entity

February 28, 2026

IRS issues guidance on treaty application to reverse foreign hybrids

February 28, 2026

IRS removes associated-property rule from interest capitalization regulations

February 28, 2026

Practical tax issues related to qualified reopenings

February 28, 2026

Partner redemptions from ‘dry’ partnerships

Advertisement

Most Read

The Sec. 645 election to treat a trust as part of the estate
Trust distributions in kind and the Sec. 643(e)(3) election
Partnership distributions: Rules and exceptions
Avoiding passive loss limitations on rental real estate losses
Effects of the OBBBA on higher education
IRS broadens Tax Pro Account for accounting firms and others
Advertisement

TAX PRACTICE MANAGEMENT

Image of happy, sad and neutral smiley faces.

2025 tax software survey

AICPA members in tax practice assess how their return preparation software performed during tax season and offer insights into their procedures.

Tax Clinic

Deductibility of transaction costs incurred by an indirectly acquired entity

IRS issues guidance on treaty application to reverse foreign hybrids

IRS removes associated-property rule from interest capitalization regulations

Practical tax issues related to qualified reopenings

Partner redemptions from ‘dry’ partnerships

Magazine

February 2026

February 2026

February 2026
January 2026

January 2026

January 2026
December 2025

December 2025

December 2025
November 2025

November 2025

November 2025
October 2025

October 2025

October 2025
September 2025

September 2025

September 2025
August 2025

August 2025

August 2025
July 2025

July 2025

July 2025
June 2025

June 2025

June 2025
May 2025

May 2025

May 2025
April 2025

April 2025

April 2025
March 2025

March 2025

March 2025
view all

View All

http://view-all

JOIN

AICPA Tax Section

Your go-to source for tax developments and professional insights. Tap into expert guidance, tools, news, and career development.

Connect

  • x-logo The Tax Adviser on X
  • Linkedin AICPA Tax Practitioners on Linkedin

HOME

  • News
  • Monthly issues
  • Tax Insider articles
  • Topics
  • RSS feed rss feed
  • Sitemap

ABOUT

  • About The Tax Adviser
  • Contact us
  • Submit an article
  • Advertise
  • Privacy policy
  • Terms & conditions

JOIN/SUBSCRIBE

  • AICPA Tax Section
  • CPE Express

AICPA & CIMA Sites

  • AICPA-CIMA.com
  • Journal of Accountancy
  • Financial Management (FM)
  • Global Engagement Center
  • Global Career Hub
aicpa-logo-black

© 2026 Association of International Certified Professional Accountants. All rights reserved.