Maurzal Frias and Teresa Frias - Page 8

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          auto mileage based on their initial reconstructions submitted at            
          the time of the audit.  Petitioners' ever increasing claims for             
          additional mileage are unsubstantiated.  This issue was not                 
          addressed by petitioners on brief.  Deductions are a matter of              
          legislative grace; petitioners have the burden of showing that              
          they are entitled to any deduction claimed.  New Colonial Ice Co.           
          v. Helvering, 292 U.S. 435, 440 (1934).  We find that petitioners           
          have not proven that they are entitled to mileage expenses in               
          excess of those allowed by respondent.                                      
          C.   Section 6662(a) Accuracy-Related Penalty                               
               Section 6662(a) imposes a penalty in an amount equal to 20             
          percent of the portion of the underpayment of tax attributable to           
          one or more of the items set forth in section 6662(b), such as              
          negligence or disregard of rules or regulations.  Respondent                
          determined that the entire underpayment of petitioners' tax was             
          due to negligence or intentional disregard of rules or                      
          regulations.  Sec. 6662(b)(1).  As in the case of the predecessor           
          section covering the addition to tax for negligence, section                
          6653(a), petitioners bear the burden of proof on the penalties in           
          issue.  Rule 142(a); Neely v. Commissioner, 85 T.C. 934, 947                
          (1985).  Negligence includes a failure to make a reasonable                 
          attempt to comply with the provisions of the internal revenue               
          laws.  Sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax Regs.                  
          Negligence is the failure to exercise due care or the failure to            
          do what a reasonable and prudent person would do under the                  




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