Kyle L. and Carol B.Thornton - Page 5




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          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.                                       






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