The tax consequences of the repetition of ordinary business transactions, such as transfers of funds between affiliated entities recorded as loans, may change not because of either a change in the documentation of such transactions or a change in the applicable legal standards, but rather because a change in underlying circumstances causes the prior characterization of such transfers for tax purposes in accordance with their form no longer to be defensible. The recent Tax Court decision in Kelly v. Commissioner, TC Memo 2021-76, illustrates the unfortunate tax consequences that may ensue from a change in underlying circumstances. The taxpayer's disclosure of information to his accountants, however, and reliance on their advice, was helpful in causing assertion of certain penalties, including fraud penalties, to be rejected by the court.