Manuel Francisco Palomo and Jane Lyon Potter - Page 10

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                    received income from a pension.  It is also important to note                                                                                          
                    that petitioners did not list Mr. Potter or Susan as dependents                                                                                        
                    on either their Form 1040 or Form 1040X.  As a result, the Court                                                                                       
                    concludes that neither Mr. Potter or Susan qualify as                                                                                                  
                    petitioners' dependents under section 152.                                                                                                             
                              Even if Mr. Potter and Susan were qualified dependents,                                                                                      
                    petitioners failed to satisfy the substantiation requirements of                                                                                       
                    section 1.213-1(h), Income Tax Regs.  Petitioners claimed a                                                                                            
                    medical expenses deduction of $9,847.  Petitioners provided a                                                                                          
                    computer printout detailing the expenses but failed to provide                                                                                         
                    any underlying evidence or documentation to substantiate the                                                                                           
                    claimed deductions.  During trial Mr. Palomo was questioned about                                                                                      
                    the discrepancy between the amounts shown on his computer                                                                                              
                    printout and the Form 1040X.  Petitioners' Form 1040X shows                                                                                            
                    $9,847.00 of Medical and Dental Expenses and the computer                                                                                              
                    printout shows $4,607.45 in medical expenses.  Mr. Palomo                                                                                              
                    testified that he determined the total amount spent while in                                                                                           
                    Florida by estimating the amount they spent each day and                                                                                               
                    multiplied it by their total number of days in Florida.  Mr.                                                                                           
                    Palomo's testimony failed to provide a satisfactory explanation                                                                                        
                    as to the differences in the amounts; it was improbable, vague,                                                                                        
                    and as a result, unreliable.                                                                                                                           
                              Petitioners are not entitled to deduct the claimed medical                                                                                   
                    expenses and as a result cannot offset any of the 10-percent                                                                                           
                    additional tax due because of the early withdrawal from their                                                                                          




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