- 12 - admitted on brief that the deductions at issue were not based on books and records and even acknowledged at trial that they questioned Mr. Beltran regarding certain expenses that they had not claimed as deductions on prior years' returns. Petitioners did not look beyond Mr. Beltran's representations. The Court is satisfied that petitioners knew that they could only claim deductions that could be substantiated, and, even if they did not know that, at the very least, the representations that such deductions could be claimed without documentation should have prompted them to verify the accuracy of such a representation with a qualified preparer. In addition, petitioners' failure to question Mr. Beltran's representations that noncash charitable contributions could be lumped in or considered as cash contributions should have raised additional questions as the income tax forms clearly specify the need for an additional form and other information where such contributions exceed $500. Moreover, the amounts claimed for unreimbursed employee expenses were clearly disproportionate to petitioner's wages, which also should have merited further inquiry. Petitioner's failure to claim reimbursement from his employer for at least some of his expenses casts further doubt that such expenses were in fact incurred. These facts demonstrate to the Court that petitioners made no reasonable effort to ascertain their correct tax liability for the years at issue. Stubblefield v. Commissioner,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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