- 12 - 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 werePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011