Skip to content
aicpa-logo-black
  • AICPA Resources:
  • AICPA-CIMA.com
  • Tax Section
  • Engage365 Communities
  • Store
The Tax Adviser
  • INDIVIDUALS
    • All articles
    • Credits
    • Deductions
    • Income
    • Specialized Issues

    Latest Stories

    • IRS proposes regulations implementing premium tax credit changes
    • Social Security wage base and COLA announced for 2027
    • Treasury, IRS propose regulations for education tax credit
    • Cryptocurrency staking rewards are income in year received
  • PASSTHROUGHS
    • All articles
    • S Corporations
    • Partnerships & LLCs
    • Contributions, Distributions & Basis
    • Reporting & Filing Requirements

    Latest Stories

    • Navigating the QSBS rules in pass-through structures
    • Multiyear redemption payments under a partnership promissory note
    • The hidden costs and tax burdens of European waterfalls
    • Structuring partnership mergers
  • CORPORATIONS
    • All articles
    • Deductions
    • Formation & Reorganizations
    • Income
    • Reporting & Filing Requirements

    Latest Stories

    • Avoiding state tax surprises from collaboration agreements
    • Transferring accounts receivable and liabilities to a new corporation
    • Navigating the QSBS rules in pass-through structures
    • Sec. 338(h)(10) elections in business acquisitions
  • ESTATES
    • All articles
    • Estate Tax
    • Gift Tax
    • Tax Computation
    • Types of Trusts

    Latest Stories

    • Estate portability elections of unused estate and gift tax exemption must be meticulously prepared
    • Multigenerational wealth transfer with IDGTs and GST tax planning
    • A case study on ILITs: What went wrong, how to fix it, and best practices for prevention
  • PROCEDURE
    • All articles
    • Collections & Liens
    • Representations & Examinations
    • Tax Planning & Minimization

    Latest Stories

    • Final regulations clear path for direct IRS card payments
    • IRS urged by national taxpayer advocate to pause Kwong claims denials
    • IRS proposes regulations implementing premium tax credit changes
    • IRS grants Hurricane Isaias tax relief in Alabama, Florida
  • 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

October 15, 2026

IRS proposes regulations implementing premium tax credit changes

October 14, 2026

Social Security wage base and COLA announced for 2027

October 1, 2026

Treasury, IRS propose regulations for education tax credit

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

October 16, 2026

Final regulations clear path for direct IRS card payments

October 15, 2026

IRS urged by national taxpayer advocate to pause Kwong claims denials

October 15, 2026

IRS proposes regulations implementing premium tax credit changes

October 14, 2026

IRS grants Hurricane Isaias tax relief in Alabama, Florida

October 14, 2026

Social Security wage base and COLA announced for 2027

Advertisement

Most Read

When are employer-provided health benefits taxable?
Trust distributions: Timing, tax, and practical considerations
IRS raises per diem rates for business travel effective Oct. 1
A risk framework for AI use in tax administration and preparation
The Sec. 645 election to treat a trust as part of the estate
NY case provides lessons on changing domicile
Advertisement

PRACTICE MANAGEMENT

2026 tax software survey

CPAs rate their return preparation software’s performance during this year’s tax season.

Tax Clinic

When are employer-provided health benefits taxable?

Hospitals’ community benefit under pressure

Avoiding triggering foreign investment ECI with a US office

Why record quality matters more than ever in unclaimed property audits

Multiyear redemption payments under a partnership promissory note

Magazine

September 2026

September 2026

September 2026
August 2026

August 2026

August 2026
July 2026

July 2026

July 2026
June 2026

June 2026

June 2026
May 2026

May 2026

May 2026
April 2026

April 2026

April 2026
March 2026

March 2026

March 2026
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
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.