Marie G. and Michael L. Pacheco - Page 5




                                        - 4 -                                         

               For the years in question, petitioners claimed the following           
          itemized deductions on their returns, which were disallowed in              
          full by respondent in the notice of deficiency:                             

                 1998        1999                                                     
          Charitable contributions             $ 6,925     $ 7,272                    
          Unreimbursed employee expenses and                                          
          tax preparation fees (before the                                            
          sec. 67(a)limitation)                12,770*     15,515*                    
               * As noted supra note 2, the parties settled this                      
          adjustment.                                                                 

               Petitioners acknowledged at trial that their actual                    
          charitable contributions were considerably less than the amounts            
          claimed on their returns.  They estimated their actual charitable           
          contributions to be approximately $2,000 for each year.  However,           
          on their 1996 and 1997 tax returns, which were offered in                   
          evidence by respondent, their contributions were $520 and $545,             
          respectively, for 1998 and 1999, and they made no claim for job             
          expenses and other miscellaneous deductions on their returns for            
          these 2 years.                                                              
               With respect to the charitable contributions issue,                    
          petitioners' testimony at trial satisfies the Court that the                
          amounts claimed were arbitrarily determined by the return                   



               3(...continued)                                                        
          ignore all correspondence they received concerning their tax                
          returns.                                                                    





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