Manuel Francisco Palomo and Jane Lyon Potter - Page 12

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                    1993-528; sec. 1.6664-4(b)(1), Income Tax Regs.  The most                                                                                              
                    important factor is the taxpayer's effort to assess his proper                                                                                         
                    tax liability.  Stubblefield v. Commissioner, T.C. Memo. 1996-                                                                                         
                    537; sec. 1.6664-4(b)(1), Income Tax Regs.                                                                                                             
                              Taxpayers are required to keep records sufficient to                                                                                         
                    establish the amount of deductions or other matters required to                                                                                        
                    be shown on their returns.  Sec. 6001; sec. 1.6001-1(a), Income                                                                                        
                    Tax Regs.  Failure to maintain adequate records may constitute                                                                                         
                    negligence.  Schroeder v. Commissioner, 40 T.C. 30, 34 (1963).                                                                                         
                              The record here shows that Mr. Palomo is a highly educated                                                                                   
                    individual.  The Court finds it unreasonable that petitioner, an                                                                                       
                    attorney, would base his analysis of taxable income on knowledge                                                                                       
                    from a class he took 20 years earlier in law school rather than                                                                                        
                    from appropriate legal research.  Petitioner testified that he                                                                                         
                    failed to even make the minimal effort of consulting the IRS                                                                                           
                    information booklet that accompanied his Federal income tax                                                                                            
                    return.  The Court finds that his explanations do not demonstrate                                                                                      
                    an honest misunderstanding of fact or law that is reasonable in                                                                                        
                    light of his experience, knowledge, and education.                                                                                                     
                              The Court concludes that petitioners failed to keep adequate                                                                                 
                    records.  The Court also finds that petitioners failed to make a                                                                                       
                    reasonable attempt to determine whether they were entitled to                                                                                          
                    take medical expense deductions for Mr. Potter and Susan and                                                                                           
                    whether they were allowed to omit the Smith income from their                                                                                          






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