- 4 - in taxes.3 Petitioners did not file the draft of the return because, at some point, it was suggested to petitioner by friends that he should engage the services of a return preparer, Robin Beltran. These friends represented that Mr. Beltran was very knowledgeable in tax law and could get tax refunds that other preparers could not get. Petitioner believed that Mr. Beltran was a "C.P.A." and a former "IRS employee". Petitioner thereafter contacted Mr. Beltran to prepare petitioners' 1999 return. As best as the Court can ascertain from the record, petitioner had one meeting, at the home of Mr. Beltran, with regard to the 1999 return. The only documentation petitioner provided to Mr. Beltran was the draft of the 1999 return petitioner had prepared. Mr. Beltran did not request or discuss the need for any documentation to substantiate the income or expenses shown on the draft prepared by petitioner, nor did Mr. Beltran question or ascertain from petitioner the amounts to be claimed on the return for charitable contributions and unreimbursed employee business expenses. The return prepared by Mr. Beltran listed the same amounts shown on petitioner's draft return, except for the deductions claimed for charitable 3 The draft for 1999 prepared by petitioner was not offered in evidence; however, petitioner testified that "I was going to pay $1,500". The Court construes that statement to mean that petitioners would have owed $1,500 after all withholdings and prior payments of taxes for 1999.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011