Christopher Wagner - Page 13




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          advice on the subject matter.  Freytag v. Commissioner, supra at            
          888.                                                                        
               Petitioner knew that the charitable contribution and                   
          employee business expense deductions claimed on his returns were            
          false.  There is no evidence that the deductions claimed on the             
          returns were based upon any documentary evidence submitted by               
          petitioner.  Petitioner admitted in his testimony that the                  
          charitable contributions deducted on the returns were based on an           
          "average" determined by the return preparer.                                
               Petitioner made no effort to ascertain the professional                
          background and qualifications of his return preparer, nor did he            
          make any effort to determine whether the representations of Mr.             
          Beltran were correct.  He did not consult other tax professionals           
          to verify the accuracy of the returns prepared by Mr. Beltran or            
          the representations he made regarding the deductions claimed.               
          The Court is satisfied from the record that Mr. Beltran knew, or            
          had reason to know, all the relevant facts upon which, had he               
          been a qualified professional, he could have accurately advised             
          petitioner on the amount of his allowable deductions.  Mr.                  
          Beltran claimed unrealistic and false amounts as deductions on              
          petitioner's returns.  The Court is satisfied that petitioner               
          knew he was required under the law to substantiate deductions               
          claimed on his returns.  The amounts claimed as deductions on the           
          returns, which petitioner knew were not substantiated and were              





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