Michael A. and Teresa F. Albach - Page 5




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          1998 return he had prepared and had the feeling that perhaps he             
          and his wife might have been paying "too much" in taxes.  He                
          inquired with several of his friends, who recommended that he               
          consult Robin Beltran, a tax return preparer "who has been doing            
          a great job for years" in preparing income tax returns.                     
          Petitioner contacted Mr. Beltran, who met with petitioners at               
          their home.  He prepared an amended return for 1998, which                  
          petitioners filed.  The adjustments in the notice of deficiency             
          are to the amended return for 1998.  Petitioners also engaged the           
          services of Mr. Beltran for their 1999 return.2                             
               In preparing their returns, Mr. Beltran did not request any            
          substantiating documentation for any of the deductions at issue.            
          Petitioners' understanding was that Mr. Beltran used a "formula"            
          in arriving at the amounts deducted on the returns for charitable           
          contributions and unreimbursed employee expenses.  Mr. Beltran's            
          tax preparation fees were 10 percent of the amounts claimed as              
          refunds on the returns.                                                     
               The itemized deductions at issue for the 2 years in question           
          consisted of the following:                                                 






               2    This case is one of numerous cases heard by the Court             
          involving tax returns prepared by Mr. Beltran, which essentially            
          involve the same deductions at issue here.                                  




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