Victor and Lorain Cisneros - Page 4




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          Whether petitioners are entitled to a deduction for gambling                
          losses in an amount equal to gambling winnings of $1,000; (2)               
          whether petitioners are entitled to the disallowed itemized                 
          deductions; and (3) whether petitioners are liable for the                  
          penalties under section 6662(a).  In addition, the Court                    
          considers the applicability of section 6673(a) to the facts of              
          this case.                                                                  
               Petitioners were both employed during the 2 years in                   
          question.  Mr. Cisneros was a manufacturing technician, and Mrs.            
          Cisneros was a transaction specialist for the Intel Corp.  They             
          reported combined wages of $106,682 and $123,225, respectively,             
          for 1998 and 1999.                                                          
               The record is unclear as to how petitioners prepared and               
          filed their Federal income tax returns for the years prior to the           
          years at issue.  For the 2 years in question, however,                      
          petitioners' returns were prepared by Robin Beltran upon a                  
          recommendation of one of Mrs. Cisneros' coworkers at Intel Corp.2           
          For the initial year, 1998, petitioners presented to Mr. Beltran            
          the same type documentation petitioners maintained for earlier              
          years.  However, Mr. Beltran convinced petitioners that such                
          documentation was not necessary, and the amounts claimed on the             



               2    The Court notes that 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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