Nathan Jaramillo and Davina Metzgar - Page 11




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          At trial, petitioners recognized that their disallowed itemized             
          deductions were false and could not be sustained.  They conceded            
          those adjustments.  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 the             
          accuracy of their returns.  Petitioners cited no legal authority            
          to the Court that, under similar facts, would exonerate them from           
          the penalties under section 6662(a).  Prior to Mr. Beltran's                
          preparation of petitioners' returns, petitioners prepared drafts            
          of their returns, which they presented to Mr. Beltran.  On these            
          drafts, petitioners did not claim itemized deductions.  Mr.                 
          Beltran's arrangement with petitioners was that his tax                     
          preparation fees would be 10 percent of the refunds calculated on           
          the returns prepared by him to the extent such refunds exceeded             
          the refunds calculated by petitioners on the drafts of their                
          returns.  Mr. Beltran represented to petitioners that records               
          were not necessary to substantiate deductions, and they were                
          entitled to deductions based on a percentage of their income.  He           
          further advised petitioners not to respond to inquiries of                  
          respondent with regard to their returns, including respondent's             
          counsel in preparation of this case for trial.  Petitioners                 
          adhered to that advice and only in the few days before trial did            
          they submit one document that was grossly inadequate to                     





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