Bennie and Catherine Delgarito - Page 4




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          1997       1998       1999                                                  
          Home mortgage interest         $2,016     $1,667        --                  
          Charitable contributions        5,359      5,040     $4,586                 
          Unreimbursed employee expenses                                              
          and tax preparation fees       9,913      9,661      7,897                  
          Total amounts disallowed      $17,288    $16,367    $12,483                 

          As a result of these adjustments, respondent determined that                
          petitioners were entitled to the standard deduction under section           
          63(c) for each year.  As noted earlier, petitioners conceded                
          these adjustments, except for the penalties under section                   
          6662(a).  With respect to the penalties, petitioners contend they           
          should be absolved of liability for the reason that they                    
          reasonably relied on their return preparer, Mr. Robin Beltran               
          (Mr. Beltran).                                                              
               In the years prior to 1997, petitioners had always utilized            
          the services of a commercial tax return preparation service for             
          preparation of their Federal income tax returns.  Their returns             
          had never previously been audited by respondent.  For the year              
          1997 and the years thereafter, upon the recommendation of a                 
          coworker of Mrs. Delgarito at Intel Corp., petitioners engaged              
          Mr. Beltran to prepare their Federal income tax returns.                    
          Petitioners believed Mr. Beltran was a certified public                     
          accountant, although that was never verified, nor did they ever             
          inquire whether that was the case.  They presented only minimal             






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