Philip Ira Maggio, Jr. - Page 5

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          receipts and documents provided to him by intervenor when he                
          prepared the Schedule C of her business activity.  The real                 
          estate appraisal business realized $72,885 of gross income during           
          2002.  Based on the receipts provided to him, the activity                  
          realized a net loss of $1,582 for 2002.  The record is unclear              
          whether intervenor reviewed the return after it was prepared, or            
          whether she was even given an opportunity to review the return.             
               Due to either an error by petitioner or a glitch in the                
          Turbo Tax software for the year in which the return was prepared,           
          the return was selected by the IRS for examination.2  Petitioner            
          was unable to meet with the revenue agent at the scheduled time;            
          however, intervenor met the agent alone.  Intervenor failed to              
          substantiate any of the claimed expenses related to her business            
          because she was unable to locate the paperwork that petitioner              
          used as a basis for these claims.  Consequently, all of the                 
          claimed 2002 expenses of the real estate activity were                      
          disallowed.  See infra note 3.  Intervenor agreed with the                  
          agent’s determination, signed an agreement as to the audit                  
          liability, and was assessed.                                                
               Respondent issued to petitioner a notice of deficiency on              
          November 5, 2004, for the additional tax liability.  On February            
          1, 2005, petitioner filed a timely petition with this Court                 


               2Petitioner contends that the Turbo Tax software for taxable           
          year 2002 contained a glitch that prompted him to enter some                
          items of income and expenses in multiple places.                            




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