Philip A. Saunders - Page 13




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          for Arthur Andersen LLP.  Tippen v. Commissioner, 104 T.C. 518,             
          534 (1995) (holding attorneys to a higher standard regarding the            
          negligence penalty).  Even if we were to ignore his professional            
          background, however, we would have little difficulty in                     
          sustaining respondent’s imposition of the negligence penalty with           
          respect to the portion of the deficiency for each year                      
          attributable to the overstated medical expense deduction claimed            
          on petitioner’s return.                                                     
               Section 213 expressly provides, among other requirements,              
          that a deduction is allowable for medical expenses “not                     
          compensated for by insurance”.  Many of the medical expenses of             
          petitioner’s spouse that were included in the medical expense               
          deduction claimed by petitioner for each year were, in fact,                
          compensated for by insurance.  Petitioner now acknowledges his              
          mistake in not taking the medical insurance reimbursements into             
          account, but explains that he was unaware that his spouse                   
          received those reimbursements.  He further explains that the                
          system that medical insurance companies use to pay and notify               
          recipients of benefits is confusing and difficult to follow.                
               Neither explanation protects petitioner from the imposition            
          of the negligence penalty.  Petitioner obviously was aware that             
          his spouse was covered by an employment-based medical insurance             
          plan.  Common knowledge suggests that many of the medical                   
          expenses of his spouse included in petitioner’s medical expense             






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