- 10 - and knowledge of the relevant facts to provide informed advice on the subject matter. Freytag v. Commissioner, supra at 888. Petitioners made no effort to ascertain the professional background and qualifications of their return preparer. They examined the returns he prepared and admitted at trial that they caused Mr. Beltran to revise the returns to reduce the claimed expenses because they realized that the amounts claimed were excessive. Yet, petitioners knew that, with the revisions ordered by them, the expenses claimed were still excessive and made no effort to have their returns corrected to reflect the actual amount of their claimed deductions. The Court notes that the unreimbursed employee business expenses claimed on the returns, all related to Mr. Lavigne's employment, amounted to 32.6 percent and 37.4 percent, respectively, of the wages Mr. Lavigne earned during 1998 and 1999. Mr. Lavigne admitted in his testimony at trial that he would not accept employment that required the employee to bear expenses of that proportion without any reimbursement from the employer or some other source other than himself. Petitioners did not look beyond the representations of Mr. Beltran, knowing that the deductions at issue were grossly inflated. Petitioners knew that they could claim only deductions that could be substantiated. Petitioners made no reasonable effort to ascertain their correct tax liabilities for the years at issue. Stubblefield v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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