Royal and Shelly Spence Wiley - Page 10




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          Petitioners presented no evidence that they purchased any                   
          clothing or shoes that were used by petitioner in his employment            
          that was not adaptable to personal use.  The Court recognizes               
          that petitioner was required to wear at work a "bunny", an                  
          apparel over his regular clothing, which more than likely would             
          not be suitable for ordinary wear.  However, petitioner presented           
          no evidence that he was required to purchase or did in fact                 
          purchase such clothing.  The inference from the record is that              
          such clothing was provided by petitioner's employer.  On this               
          record, petitioners have not established their entitlement to a             
          deduction for unreimbursed employee expenses.  The concessions by           
          respondent relate to tax preparation fees, subject to the                   
          limitations of section 67(a).  Respondent, therefore, is                    
          sustained in the disallowance of the itemized deductions at                 
          issue, except as to the amounts allowed by the Court and                    
          respondent's concessions.                                                   
               The second issue is whether petitioners should be held                 
          liable for the section 6662(a) penalties.  Petitioners contend              
          they should be absolved of liability for such penalties because             
          they relied on the representations of their return preparer, Mr.            
          Beltran.                                                                    
               Section 6662(a) provides for an accuracy-related penalty               
          equal to 20 percent of any portion of an underpayment of tax                
          required to be shown on the return that is attributable to the              





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