- 13 - 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 expensePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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