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