Ahsan Mohiuddin - Page 27

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          has not met his burden of proving that he was engaged in a bona             
          fide business during 1991 other than his employment and sustain             
          respondent's disallowance of petitioner's claimed business                  
          expenses relating to A & M Techservices.                                    
               Respondent allowed some of the Schedule C business expense             
          deductions claimed by petitioner relating to A & M Techservices             
          for the year 1992.  According to petitioner, this business was a            
          "personal & financial services/collection agency".  At trial,               
          petitioner failed to offer proof of any amount of deductions in             
          excess of those allowed by respondent.  Accordingly, we sustain             
          respondent's determinations with regard to petitioner's claimed             
          Schedule C deductible expenses for the year 1992.                           
               Section 6662(a) imposes an accuracy-related penalty of 20              
          percent on any portion of an underpayment of tax that is                    
          attributable to items set forth in section 6662(b).  Respondent             
          contends that petitioner is liable for this penalty for either              
          negligence or substantial understatement of tax under section               
          6662(b)(1) and (2).                                                         
               Negligence includes any careless, reckless, or intentional             
          disregard of rules or regulations, any failure to make a                    
          reasonable attempt to comply with the provisions of the law, and            
          any failure to exercise ordinary and reasonable care in the                 
          preparation of a tax return.  See Zmuda v. Commissioner, 731 F.2d           
          1417, 1422 (9th Cir. 1984), affg. 79 T.C. 714 (1982).                       






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