- 10 - 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 toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011