- 9 - otherwise, for medical care of the taxpayer. The deduction is limited to expenses paid during the taxable year which exceed 7.5 percent of the taxpayer's adjusted gross income. Petitioner's adjusted gross income limitation on her deduction for medical expenses is $2,801. Petitioner admitted at trial that the amount of her medical expenses was overstated by $10,000 due to a clerical error. She maintains, however, that she paid out-of-pocket medical expenses of between $2,000 and $3,000 during 1992 for her prenatal and postnatal care which were not covered by her medical insurance through her job at Ryder Truck Rental. However, she did not obtain any records which show what portions of her medical expenses were paid by her insurance and herself. We find that petitioner has failed to meet her burden of proof with regard to her medical expenses. Rule 142(a). Respondent's determination is sustained on this issue. The seventh issue for decision is whether petitioner is liable for the section 6662(a) accuracy-related penalties for 1992 and 1993. Respondent's determinations of negligence are presumed to be correct, and petitioner bears the burden of proving that the penalties do not apply. Rule 142(a); Welch v. Helvering, 290 U.S. at 115; Bixby v. Commissioner, 58 T.C. 757, 791-792 (1972). Section 6662(a) imposes a 20-percent penalty on the portion of the underpayment attributable to any one of various factors,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011