Sonja and David Brown - Page 8




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          disallowance of the employee business expense deductions.  All              
          other expenses petitioners incurred that would be deductible as             
          itemized deductions, such as, for example, the tax preparation              
          fee for 1999, while allowable, would not exceed 2 percent of                
          petitioners' adjusted gross income under section 67(a).  Thus,              
          none of the itemized deductions on Schedule A of petitioners'               
          returns for job expenses and other miscellaneous deductions are             
          deductible.  Respondent, therefore, is sustained on this issue.             
               Petitioners contend they should be absolved of liability for           
          the section 6662(a) penalties because they relied on the                    
          representations of their return preparer.                                   
               The Court is satisfied that petitioners knew that the                  
          amounts deducted on their tax returns for charitable                        
          contributions and employee business expenses were false.  They              
          even asked their return preparer whether they needed                        
          documentation to substantiate the amounts deducted, which                   
          indicates to the Court that petitioners had reason to doubt                 
          whether they could deduct such amounts.                                     
               Section 6662(a) provides for an accuracy-related penalty               
          equal to 20 percent of any portion of an underpayment of tax                
          required to be shown on the return that is attributable to the              
          taxpayer's negligence or disregard of rules or regulations.  Sec.           
          6662(a) and (b)(1).  Negligence consists of any failure to make a           
          reasonable attempt to comply with the provisions of the Internal            





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