Michael G. and Kate M. Lavigne - Page 4




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          for 1998 and 1999 and the disallowed gambling losses for 1999,              
          and (2) whether petitioners are liable for the penalties under              
          section 6662(a).  In addition, the Court considers the                      
          applicability of section 6673(a) to the facts of this case.                 
               Petitioners were both employed during the 2 years in                   
          question.  Mr. Lavigne was employed by a construction company,              
          and Mrs. Lavigne was employed by Intel Corp.  They reported                 
          combined wages of $70,996 and $83,088, respectively, for 1998 and           
          1999.                                                                       
               For the 2 years in question, petitioners' income tax returns           
          were prepared by a return preparer, Robin Beltran.  The record              
          does not reflect the circumstances surrounding how petitioners              
          engaged Mr. Beltran.2  Mr. Beltran advised petitioners that                 
          records were not necessary to substantiate deductions claimed on            
          their returns, and such records could be disregarded because,               
          irrespective of records, a taxpayer, under the law, was "allowed"           
          deductions for such expenses pursuant to a "formula" based on the           
          income the taxpayer earned.                                                 
               The deductions disallowed by respondent on petitioners' tax            
          returns consisted of the following:                                         



               2    The Court notes that this case is one of numerous cases           
          heard by the Court involving tax returns prepared by Mr. Beltran,           
          which essentially involve the same deductions at issue here.                






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