Dan Pistoresi and Elaine M. Pistoresi - Page 5




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          they were not otherwise allowed by respondent.  See sec. 1.67-              
          1T(a)(1)(iii), Temporary Income Tax Regs., 53 Fed. Reg. 9870                
          (Mar. 28, 1988).  Since petitioners claimed the standard                    
          deduction for 1992 and have not proved that their total itemized            
          deductions exceeded their claimed standard deduction, the tax               
          preparation fees, if allowable under section 67, would not                  
          decrease their taxable income.  Sec. 63.  Accordingly, we hold              
          that petitioners are not entitled to a deduction for tax                    
          preparation fees.                                                           
               The fourth issue for decision is whether petitioners are               
          liable for the section 6662(a) accuracy-related penalty.                    
          Respondent's determinations of negligence are presumed to be                
          correct, and petitioners bear the burden of proving that the                
          penalty does not apply.  Rule 142(a); Welch v. Helvering, 290               
          U.S. 111, 115 (1933); Bixby v. Commissioner, 58 T.C. 757, 791-792           
          (1972).                                                                     
               Section 6662(a) imposes a 20-percent penalty on the portion            
          of an underpayment attributable to any one of various factors,              
          one of which is negligence or disregard of rules or regulations.            
          Sec. 6662(b)(1).  Respondent determined that petitioners are                
          liable for the accuracy-related penalty imposed by section                  
          6662(a) for their underpayment of tax in 1992, and that such                
          underpayment was due to negligence or disregard of rules or                 
          regulations.  "Negligence" includes a failure to make a                     
          reasonable attempt to comply with the provisions of the Internal            
          Revenue laws or to exercise ordinary and reasonable care in the             


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