Victor and Lorain Cisneros - Page 12




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          deductions.  Mr. Beltran disregarded the documentary evidence               
          petitioners presented to him and, instead, listed unrealistic               
          amounts as deductions on the returns.  The Court is further                 
          satisfied that petitioners knew they were required under the law            
          to substantiate deductions claimed on their returns.  The                   
          reservations they expressed to Mr. Beltran and the answers he               
          gave them should have prompted them to look beyond and ascertain            
          the accuracy of his representations.  Petitioners, therefore,               
          made no effort to assess their tax liability correctly.  On this            
          record, the Court sustains respondent on the section 6662(a)                
          accuracy-related penalties for the years in question.                       
               Section 6673(a) authorizes the Court to require a taxpayer             
          to pay to the United States a penalty not exceeding $25,000 when,           
          in the Court's judgment, proceedings have been instituted or                
          maintained by the taxpayer primarily for delay or where the                 
          taxpayer's position in the proceeding is frivolous or groundless.           
          The Court considers petitioners' claim that they should not be              
          liable for the deficiencies and penalties to be frivolous and               
          groundless.  Petitioners knew, or should have known, that a                 
          substantial portion of the itemized deductions at issue was false           
          and could not be sustained.  Petitioners knew that they could               
          deduct only amounts that they had actually paid.  They made no              
          attempt to determine the qualifications of their return preparer            
          and, moreover, did not seek other professional advice to satisfy            





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