Christopher Wagner - Page 5




                                        - 4 -                                         

               During the years in question, petitioner was employed as a             
          district sales manager for a uniform and apparel company catering           
          to hospitals, hotels, and casinos.  His district comprised the              
          State of New Mexico and the western portion of the State of                 
          Texas.  In October 2000, petitioner left his employer and was               
          thereafter employed as a contract employee for another apparel              
          company.                                                                    
               Prior to the years in question, petitioner always prepared             
          his own Federal income tax returns.  He never claimed itemized              
          deductions on his tax returns.  Based on the recommendation of              
          his girlfriend, petitioner engaged a return preparer, Robin                 
          Beltran, to prepare his 1999 and 2000 tax returns.3  On Mr.                 
          Beltran's recommendation, petitioner decided to file his returns            
          for 1999 and 2000 claiming itemized deductions.                             
               With respect to the first issue, the 1999 and 2000 returns             
          listed the following deductions for charitable contributions:               

                   1999                 2000                                          
               Cash              $4,083               $2,600                          
               Noncash              413    $4,496      2,000    $4,600                






               3    The Court notes that this case is one of numerous cases           
          heard by the Court involving tax returns prepared by Mr. Beltran,           
          which essentially involve the same deductions at issue here.                




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