Taquisa Devon Mackey - Page 5




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          and cooperate fully with respondent’s reasonable requests.                  
          Petitioner therefore bears the burden of proof.                             
          Petitioner’s Claimed Itemized Deductions                                    
               Deductions are a matter of legislative grace, and the                  
          taxpayer bears the burden of proving that he is entitled to any             
          deduction claimed.  Rule 142(a); New Colonial Ice Co. v.                    
          Helvering, 292 U.S. 435, 440 (1934).  The taxpayer is required to           
          maintain records that are sufficient to enable the Commissioner             
          to determine his correct tax liability.  See sec. 6001; sec.                
          1.6001-1(a), Income Tax Regs.                                               
               Petitioner provided no information as to itemized deductions           
          and effectively conceded the issue.  Respondent is accordingly              
          sustained on this issue, except to the extent of concessions made           
          prior to trial.  Petitioner’s assertion that she should not be              
          liable for tax because her return preparer may have violated                
          certain laws is misplaced.  Congress has provided the                       
          Commissioner with remedies that may be enforced against dishonest           
          return preparers.  See secs. 6694, 6695, 7407; Hyler v.                     
          Commissioner, T.C. Memo. 2005-26.  There is no provision in law,            
          however, that would relieve petitioner of her personal liability            
          for a tax deficiency on account of a dishonest return preparer.             
          Hyler v. Commissioner, supra.  We note that a taxpayer may be               
          relieved from an accuracy-related penalty under section 6662(a)             
          where the taxpayer reasonably relies on a return preparer.  ASAT,           







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