Richard Walter Drake - Page 14

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          ending balance was $634.  However, there is no evidence                     
          indicating the charges for which the beginning balance of $517              
          was derived.  A statement dated November 15, 1992, shows a                  
          balance forward of $634, new uniform charges of $100.18, and an             
          ending balance of $734.  A statement dated March 15, 1993, shows            
          a balance forward of $734, other charges of $15, and an ending              
          balance of $749.  Petitioner has only established that he charged           
          uniforms in the amount of $217.  Petitioner testified that he               
          paid the balance on his account by the end of 1993 because he               
          stopped working for Delta at that time.  Based on the record,               
          petitioner has established that he purchased uniforms at a cost             
          of $217, and he is entitled to a deduction for unreimbursed                 
          employee expenses in this amount subject to the 2-percent floor.            
          Accuracy-Related Penalty                                                    
               Respondent determined that petitioner is liable for an                 
          accuracy-related penalty for negligence and disregard of rules or           
          regulations under section 6662(a).  Petitioner bears the burden             
          of proving that respondent's determination is erroneous.  Rule              
          142(a); Bixby v. Commissioner, 58 T.C. 757, 791 (1972).                     
               Section 6662(a) imposes an accuracy-related penalty equal to           
          20 percent of the portion of any underpayment of tax that is due            
          to negligence or disregard of rules or regulations.  Sec. 6662(a)           
          and (b)(1).  "Negligence" is any failure to make a reasonable               
          attempt to comply with the provisions of the Internal Revenue               






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