William S. Fairey, Jr., and Susan R. Fairey - Page 23

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          disagree.  Neither Hughs nor Zima had copies of all of                      
          petitioners’ checks and bank statements at any time.  Zima saw              
          about 15 checks which he included in the stipulation of facts.              
          Hughs saw 30 to 40 checks, but petitioner did not allow her to              
          copy or keep them.  Those statements do not conflict.                       
               We conclude that petitioners may not deduct any unreimbursed           
          employee business expenses for Susan Fairey for the years in                
          issue.                                                                      
               2.   Petitioner’s Deductions for Employee Business Expenses            
               Petitioners contend that petitioner may deduct unreimbursed            
          employee business expenses for 1999.  We disagree.  Although                
          petitioner was an employee of TruGreen for a short time in 1999,            
          there is no evidence that he had any unreimbursed employee                  
          business expenses in 1999.                                                  
               3.   Charitable Contribution Deductions and Other Itemized             
                    Deductions                                                        
               Petitioners have not shown that they are entitled to more              
          charitable contribution deductions or other itemized deductions             
          than respondent allowed.                                                    
          E.   Whether Petitioner Is Liable for the Fraud Penalty for 2000            
               1.   Contentions of the Parties and Background                         
               Respondent contends that petitioner is liable for the fraud            
          penalty under section 6663 for 2000 because petitioner                      
          fraudulently deducted (a) $7,500, which he never paid, in three             
          places on the 2000 return, and (b) $59,727 for legal and                    





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