David E. Benson - Page 14




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          failed to carry his burden of establishing that he could not have           
          been reimbursed by McKendree for the claimed gifts.                         
              On the record before us, we find that petitioner has failed             
         to carry his burden of establishing that he is entitled for his              
         taxable year 1999 to the deduction under section 162(a) that he              
         claims as unreimbursed employee business expenses for the claimed            
         gifts.6                                                                      
          Accuracy-Related Penalty                                                    
               It is respondent’s position that petitioner is liable for              
          his taxable year 1999 for the accuracy-related penalty under                
          section 6662(a) because of negligence or disregard of rules or              
          regulations under section 6662(b)(1).                                       
               The term “negligence” in section 6662(b)(1) includes any               
          failure to make a reasonable attempt to comply with the Code.               
          Sec. 6662(c).  Negligence has also been defined as a failure to             
          do what a reasonable person would do under the circumstances.               
          See Leuhsler v. Commissioner, 963 F.2d 907, 910 (6th Cir. 1992),            
          affg. T.C. Memo. 1991-179; Antonides v. Commissioner, 91 T.C.               
          686, 699 (1988), affd. 893 F.2d 656 (4th Cir. 1990).  The term              


               6Assuming arguendo that petitioner had established the                 
          deductibility under sec. 162(a) of the claimed gifts, he would              
          still have to satisfy the requirements of sec. 274(b) and (d) and           
          the regulations thereunder.  On the record before us, we find               
          that petitioner has failed to satisfy those requirements.  See              
          sec. 274(b) and (d); sec. 1.274-3, Income Tax Regs.; sec. 1.274-            
          5T(b)(5), Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6,           
          1985).                                                                      






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