- -27 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).Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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