Kyle L. and Carol B.Thornton - Page 12




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          false and could not be sustained.  Petitioners had reservations             
          at the times the returns were filed as to the accuracy of the               
          claimed itemized deductions.  Petitioners knew that they were               
          entitled to deduct only amounts that they had actually paid.                
          They made no attempt to determine the qualifications of their               
          return preparer; they did not consult with tax professionals as             
          to the accuracy of Mr. Beltran's representations; and, moreover,            
          they cited no legal authority to the Court that, under similar              
          facts, would exonerate them from the penalties under section                
          6662(a).  The function of this Court is to provide a forum to               
          decide issues relating to liability for Federal taxes.  At trial,           
          petitioners wisely saw that they had no case with respect to the            
          deficiencies and, instead, chose to challenge the imposition of             
          the penalties under section 6662(a).  Any reasonable and prudent            
          person, under the facts presented to the Court, should have known           
          that the claimed deductions could not have been sustained, and              
          petitioners knew that.  This Court does not and should not                  
          countenance the use of this Court as a vehicle for a disgruntled            
          litigant to proclaim the wrongdoing of another, their return                
          preparer, as a basis for relief from a penalty that was                     
          determined by respondent on facts that clearly are not                      
          sustainable.  Golub v. Commissioner, T.C. Memo. 1999-288.                   
          Petitioners, therefore, have interfered with the Court's function           
          to the detriment of other parties having cases with legitimate              





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