- 17 - demonstrate "gross errors of fact" in the revenue agent's report. The first two particulars, i.e., that the agent failed to cite any statute that would disallow the claimed deduction, and that the agent cited Van Iderstine Co. v. Commissioner, supra, have nothing to do with the facts of the case. The last particular, consisting of the statement in the revenue agent's report that "no income has ever been reported for the claimed deduction", deals with a fact, but one which is true. As mentioned above, we found that petitioners deducted the value of Dr. Remy's professional time in performing telephone services for his patients but did not include that amount in their gross income. Thus, it is clear that no income has ever been reported for the claimed deduction. Accuracy-Related Penalty Respondent determined that petitioners are liable for an accuracy-related penalty under section 6662(a) for each of the years in issue. Section 6662(a) imposes a penalty equal to 20 percent of the portion of the underpayment of tax which is attributable to one or more of five types of errors specified in section 6662(b) including: (1) Negligence or disregard of rules or regulations.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011