9 The second issue for decision is whether petitioner is liable for a penalty under section 6662(a). This section, in conjunction with subsection (b)(1), imposes an accuracy-related penalty equal to 20 percent of the portion of any underpayment of tax that is due to negligence. Under section 6662(c), negligence is any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code. Petitioner failed to maintain regular and consistent records of his activities, attempted to deduct personal items under the guise of "business expenses", failed to substantiate a portion of the deductions claimed, and misrepresented the purpose behind the expenditures at trial. On this record, we conclude that petitioner was negligent within the meaning of section 6662(b)(1) with respect to the entire underpayment of tax and is liable for an accuracy-related penalty under section 6662(a). Respondent is sustained on this issue. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011