Victor and Lorain Cisneros - Page 8




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          documentary evidence to establish each element of an expenditure.           
          Sec. 1.274-5T(c)(2)(i), Temporary Income Tax Regs., 50 Fed. Reg.            
          46017 (Nov. 6, 1985).  No records were presented at trial to                
          substantiate these expenses; consequently, respondent is                    
          sustained on the disallowance of the employee business expenses.            
          All other expenses petitioners incurred that would be deductible            
          as itemized deductions, such as, for example, tax preparation               
          fees, while allowable, would not exceed 2 percent of petitioners'           
          adjusted gross income under section 67(a).  Thus, none of the               
          itemized deductions on Schedule A, Itemized Deductions, of                  
          petitioners' returns for job expenses and most other                        
          miscellaneous deductions are deductible.  Respondent, therefore,            
          is sustained on this issue.                                                 
               With respect to the third issue, petitioners contend they              
          should be absolved of liability for the section 6662(a) penalties           
          because they relied on the representations of their return                  
          preparer.                                                                   
               Petitioners knew that the amounts claimed on their tax                 
          returns were false.  The Court specifically questioned Mrs.                 
          Cisneros why she and her husband would allow tax returns prepared           
          for them that were incorrect.  She testified:                               

                    THE WITNESS: Well, Mr. Beltran was very convincing.  He           
               made us feel comfortable with what he told us.  If we gave             
               him a reason why we thought maybe this was too high, or                
               where he came up with it, he just reassured us that                    





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