2002 Tax Ct. Summary LEXIS 118">*118 PURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b), THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE.
COUVILLION, Special Trial Judge: This case was heard pursuant to
Respondent determined deficiencies of $ 20,993 and $ 21,898 in petitioners' Federal income taxes, respectively, for 1998 and 1999 and corresponding penalties under
Some of the facts were stipulated, and those facts, with the2002 Tax Ct. Summary LEXIS 118">*119 annexed exhibits, are so found and are incorporated herein by reference. At the time the petition was filed, petitioners' legal residence was Rio Rancho, New Mexico.
The issues for decision are: (1) Whether petitioners are entitled to disallowed itemized deductions for charitable contributions, job expenses, and other miscellaneous deductions, and (2) whether petitioners are liable for the penalties under
For each of the years in question, petitioners claimed itemized deductions on a Schedule A, Itemized Deductions, of their Federal income tax returns. For 1998, petitioners claimed itemized deductions totaling $ 36,703, of which $ 20,895 was disallowed by respondent. For 1999, petitioners deducted $ 43,948, of which $ 19,800 was disallowed by respondent. Petitioners, nevertheless, were allowed itemized deductions for both years, since the total of their other claimed and allowed deductions exceeded the standard deduction under section 63(c). For the 2 years at issue, the disallowed deductions consisted of charitable contributions, job expenses, and other miscellaneous deductions. Additionally, petitioners included with their tax returns for the 2 years at issue a2002 Tax Ct. Summary LEXIS 118">*120 Schedule D, Capital Gains and Losses, with respect to capital assets they sold or exchanged. On the 1998 return, petitioners reported sales of Intel Corp. stock of $ 52,280, with a basis of $ 54,603, and claimed a capital loss of $ 2,323. On the 1999 return, petitioners reported sales of Intel Corp. stock for a selling price of $ 71,063, a basis of $ 72,229, and a net capital loss of $ 1,166. In the notice of deficiency, respondent not only disallowed the capital losses claimed for the 2 years but determined that petitioners realized capital gains of $ 54,603 and $ 72,229, respectively, for the 2 years for the stated reason that petitioners failed to establish any basis in the stocks sold. At trial, the parties agreed to petitioners' entitlement to capital losses of $ 1,568 and $ 1,473, respectively, for 1998 and 1999. Respondent further agreed that the
Royal Wiley (petitioner) was employed by Intel Corp. during the years at issue. Mrs. Wiley was not employed. Prior to the years at issue, petitioners2002 Tax Ct. Summary LEXIS 118">*121 had utilized the services of a commercial tax preparation service for the preparation of their Federal income tax returns. Petitioners were not satisfied with this service because of what they perceived to be complications in the reporting of transactions involving stock options petitioner received as an employee of Intel Corp. On the recommendation of several of his coworkers at Intel Corp., petitioners engaged a tax return preparer, Robin Beltran, for their 1998 and 1999 returns.2
With respect to the contested issues, petitioners claimed the following charitable contributions as itemized deductions on their income tax returns:
1998 1999
Cash contributions $ 7,270 $ 7,446
Noncash contributions 413 413
Totals2002 Tax Ct. Summary LEXIS 118">*122 $ 7,683 $ 7,859
In the notice of deficiency, respondent disallowed the amounts claimed for each year for lack of substantiation.
At trial, petitioners produced documentation that would establish payment of some charitable contributions for the years at issue but nowhere near the amounts claimed on their returns. They agreed that their noncash contributions were considerably in excess of the $ 413 claimed each year but produced no documentation as to their noncash contributions. Their return preparer, Mr. Beltran, advised petitioners not to claim noncash contributions in excess of $ 500 but instead to report the value of such contributions as part of their cash contributions. The reason for that, as he explained to petitioners, was to avoid the necessity of filing additional forms.3 Moreover, the Court is satisfied that the total charitable contribution claimed on the returns was not based on any records petitioners may have had regarding their charitable contributions.
2002 Tax Ct. Summary LEXIS 118">*123 The Court is satisfied from the record that petitioners did make qualifying charitable contributions during the years at issue and, therefore, under the Court's discretionary authority pursuant to
The other itemized deductions disallowed by respondent were "Job Expenses and Most Other Miscellaneous Deductions" claimed on petitioners' returns, as follows:
1998 1999
Unreimbursed employee expenses
(before the sec. 67(a)
limitation) $ 13,788 $ 11,110
Tax preparation fees 500 1,200
Totals $ 14,288 $ 12,310
These amounts were disallowed in the notice of deficiency. At trial, respondent conceded petitioners' entitlement to deductions, subject to the section 67(a) limitation, of $ 65 and $ 1,220, respectively, for 1998 and 1999 for tax preparation fees.
The unreimbursed employee expenses2002 Tax Ct. Summary LEXIS 118">*124 relate to petitioner's use of his vehicle, both locally and away from home, in connection with his employment, a home computer used in connection with his employment, and special clothing required at work. Petitioners also included as part of their vehicle expense, the mileage for use of their vehicle in connection with their charitable contributions.
Petitioners presented no documentation that would satisfy the requirements for deduction of travel expenses away from home, including meals and lodging. To deduct such expenses,
The second issue is whether petitioners should be held liable for the
Under certain circumstances, a taxpayer may avoid the accuracy-related penalty for negligence where the taxpayer reasonably relied on the advice of a competent professional.
Petitioners made no effort to ascertain the professional background and qualifications of their return preparer. They admitted2002 Tax Ct. Summary LEXIS 118">*131 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 his2002 Tax Ct. Summary LEXIS 118">*132 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.
Reviewed and adopted as the report of the Small Tax Case Division.
Decision will be entered under Rule 155.
1. Unless otherwise indicated, subsequent section references are to the Internal Revenue Code in effect for the years at issue. All Rule references are to the Tax Court Rules of Practice and Procedure.↩
2. The Court notes that this case is one of numerous cases heard by the Court involving tax returns prepared by Mr. Beltran, which essentially involve the same deductions at issue here.↩
3. Petitioners' tax returns did not include Internal Revenue Service Form 8283, Noncash Charitable Contributions, of property other than money, which form is required for noncash contributions in excess of $ 500.↩