John J. Petito - Page 18




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          petitioner failed to submit any detailed records to support his             
          claim that he incurred costs of $5,500 for such items.                      
          Nevertheless, because it is obvious that petitioner incurred some           
          miscellaneous expenses, we will allow a recovery of $500 for                
          these items, bearing heavily upon petitioner for his failure to             
          itemize and substantiate his costs.  See O'Bryon v. Commissioner,           
          T.C. Memo. 2000-379 (applying the doctrine of Cohan v.                      
          Commissioner, 39 F.2d 540, 544 (2d Cir. 1930), to an award of               
          costs under section 7430); see also Malamed v. Commissioner, T.C.           
          Memo. 1993-1.                                                               
               5.  Punitive Damages                                                   
               Petitioner claims that he is entitled to an award of $9                
          million in punitive damages attributable to the reckless conduct            
          of respondent’s employees in this case.  Petitioner cites the               
          “Taxpayer Bill of Rights” as authority for an award of up to $1             
          million for each instance in which an IRS employee intentionally            
          disregards a provision of the Internal Revenue Code.                        
               Section 7433 provides for civil damages for certain                    
          unauthorized collection actions.  Section 7433(a) provides that a           
          taxpayer may bring a civil action for damages against the United            
          States in a U.S. District Court.  The Tax Court is not vested               
          with jurisdiction to consider petitioner’s claim for punitive               
          damages under this provision.  Accordingly, petitioner’s claim              
          for punitive damages is denied.                                             






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