- 8 - certain expenses that were substantiated to respondent's satisfaction, the Court considers petitioners' claim that they should not be liable for the section 6662(a) penalty to be frivolous and groundless. Petitioners knew that a substantial portion of the itemized deductions at issue was false and could not be sustained. Petitioners should have had reservations at the time the return was filed as to the accuracy of the claimed itemized deductions, particularly when they were never requested by the return preparer as to the amount of and/or the documentation to substantiate the amounts reported on the return. Petitioners knew that they were entitled to deduct only amounts that they had actually paid. They made no attempt to determine the qualifications of their return preparer; they did not consult with tax professionals as to the accuracy of Mr. Beltran's representations; and, moreover, they cited no legal authority to the Court that, under similar facts, would exonerate them from the penalties under section 6662(a). The function of this Court is to provide a forum to decide issues relating to liability for Federal taxes. At trial, petitioners realized that they had no case with respect to the deficiency but chose to continue to challenge the imposition of the penalty under section 6662(a). Any reasonable and prudent person, under the facts presented to the Court, should have known that the claimed deductions could not have been sustained, andPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011