- 14 - utilities. See 2 Administration, Internal Revenue Manual (CCH), sec. 5.15.1.3.2.2 (2), at 17,657 (“Taxpayers will be allowed the local standard or the amount actually paid, whichever is less”). The settlement officer allowed $400 of medical expenses on the basis of average monthly premiums, copays, and miscellaneous medical supplies or needs. Petitioners claim that $695 in medical expenses should have been allowed, which amount they claim to be their “actual out-of-pocket health insurance, copays, things like that.” However, it is clear that the settlement officer did not accept those additional amounts, because petitioners provided no substantiation. See 2 Administration, Internal Revenue Manual (CCH), sec. 5.15.1.3(8)(a), at 17,655: “A taxpayer is required to provide evidence and justification for claimed expenses, except National Standards”.9 Petitioners presented no evidence at trial or on brief to otherwise substantiate their expenses.10 We hold that the settlement 9See also sec. 301.6330-1(e)(1), Proced. & Admin. Regs.: “Taxpayers will be expected to provide all relevant information requested by Appeals, including financial statements, for its consideration of the facts and issues involved in the hearing.” 10At trial, Mr. Schulman testified: Q Mr. Schulman, did you ever provide Ms. Wastian any evidence of your medical expenses? A Yes. They’re on a schedule. Q But did you provide them to her when you conferred with her? (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011