Derk O. and Julia K. Pehrson - Page 7

                                        - 7 -                                         

          estate broker.3  The two principal factors that lead the Court to           
          this conclusion are (1) the personal aspects of the trip, and (2)           
          that one leg of the trip (also the lengthiest), to Orlando, was             
          not related to petitioner husband's trade or business.                      
          Accordingly, the Court holds that the $905 automobile rental                
          expense is not deductible by petitioners as a trade or business             
          expense.  Respondent, therefore, is sustained on this issue.                
          The second issue is whether petitioners are liable for the                  
          addition to tax under section 6651(a)(1) for their failure to               
          timely file a Federal income tax return.  Section 6651(a)(1)                
          imposes an addition to tax for a taxpayer's failure to file a               
          timely return, unless the taxpayer can establish that such                  
          failure "is due to reasonable cause and not due to willful                  
          neglect".  The addition to tax is 5 percent of the amount                   
          required to be shown on the return for each month beyond the                
          return's due date, not to exceed 25 percent.  Sec. 6651(a)(1).              
               Petitioners applied for, and received, two extensions of               
          time to file their 1993 Federal income tax return.  The second              
          extension expired on October 15, 1994; however, petitioners did             
          not file their return until June 12, 1995.  Petitioners contend             
          that their failure to timely file was due to reasonable cause               

          3                                                                           
               The Court notes further that, since petitioner wife's                  
          expenses for the Orlando trip were fully reimbursed by her                  
          employer, the automobile rental expense would not be deductible             
          as an unreimbursed employee expense incurred by her.                        




Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011