Michael G. and Kate M. Lavigne - Page 6




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          petitioners are not entitled to deductions for such expenses for            
          the 2 years in question.  Petitioners did incur expenses for                
          preparation of their tax returns; however, because these expenses           
          would not exceed 2 percent of petitioners' adjusted gross income            
          each year, therefore, under section 67(a), petitioners are not              
          entitled to deductions for tax preparation fees for 1998 and                
          1999.                                                                       
               With respect to charitable contributions, petitioners                  
          produced only meager documentary evidence to substantiate their             
          contributions for the 2 years at issue.  The Court is satisfied             
          that petitioners did make some qualifying charitable                        
          contributions during the years at issue, and, therefore, under              
          the Court's discretionary authority pursuant to Cohan v.                    
          Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930), allows                   
          petitioners charitable contribution deductions of $300 for each             
          year at issue.                                                              
               On their 1999 Federal income tax return, petitioners                   
          reported, as income, gambling winnings of $4,000.  On Schedule A            
          of their return, petitioners claimed an itemized deduction of               
          $4,000 for gambling losses.  Respondent disallowed the claimed              
          deduction.  The $4,000 represented winnings by Mrs. Lavigne from            
          slot machines at Las Vegas, Nevada.  Mrs. Lavigne played slot               
          machines there every month.  She maintained no books and records            
          of her winnings, nor any records for the amounts spent on                   





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