James K. Roberts - Page 15

                                       - 15 -                                         
          expenses beyond what respondent already has allowed.  For                   
          instance, in support of the disputed car and truck expense for              
          1987, petitioner introduced into evidence a $300 invoice for the            
          installation of a car phone in a new Mercedes automobile.                   
          Petitioner has failed to convince us that that expense did not              
          have substantial, if not exclusive, personal attributes.  He has            
          failed to convince us that his 1988 car and truck expense related           
          to a vehicle used in his business.  Also, he has failed to                  
          provide any detail or supporting documents concerning the                   
          category “Office, Rent, & Utilities”.  He testified that the                
          category “Dues” included magazine subscriptions.  Petitioner has            
          not proven that any of the disallowed expenses were incurred in             
          connection with his business of horse racing and breeding.                  
          Accordingly, we sustain so much of respondent’s determination as            
          relates thereto.                                                            
          III.  Disputed Additions to Tax                                             
               A.  Failure To File--1987                                              
               By her notice of deficiency, respondent determined an                  
          addition to tax against petitioner under section 6651(a)(1) for             
          1987.  Section 6651(a)(1) provides that, in the case of a failure           
          to file an income tax return by the due date, there shall be                
          imposed an addition to tax for such failure of 5 percent of the             
          amount of tax, reduced by timely payments and credits under                 
          section 6651(b)(1), for each month or portion thereof during                
          which the failure continues, not exceeding 25 percent in the                




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011