Steven M. and Karen Arhontes - Page 13




                                       - 12 -                                         

          light of the experience, knowledge, and education of the taxpayer           
          may indicate reasonable cause and good faith.  Remy v.                      
          Commissioner, T.C. Memo. 1997-72.                                           
               In the notice of deficiency, respondent applied the section            
          6662(a) penalty to all adjustments for the year at issue.  The              
          underpayment resulted from respondent's total disallowance of               
          petitioners' claimed cost of goods sold and deductions for car              
          and truck expenses and depreciation in connection with Spanky's,            
          as well as computational adjustments made in relation thereto.              
               As discussed above, petitioners are entitled to reduce their           
          business gross receipts by a cost of goods sold of $2,500;                  
          however, respondent's disallowance of the car and truck expenses            
          and depreciation deductions has been sustained.  Petitioners'               
          evidence fell short of what was required to allow the bulk of the           
          claimed cost of goods sold or any of the claimed car and truck              
          expenses and depreciation deductions.  Furthermore, petitioners             
          presented no evidence to show that they used due care in                    
          deducting the disputed items on their 1997 return that were                 
          subsequently adjusted in the notice of deficiency and sustained             
          by this Court in favor of respondent, nor did petitioners present           
          evidence to show that they had reasonable cause to deduct such              
          items.  Petitioners failed to maintain adequate books and records           
          to support the majority of the costs and deductions claimed in              
          connection with their business.  Therefore, the Court finds that            
          petitioners negligently or intentionally disregarded rules or               






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011