- 15 - the amount of $1,500 dated August 31, 1992, and endorsed on behalf of "Utica Deca Corporation." Mr. Bradley testified that he paid this amount as a management fee to have the property monitored to prevent unauthorized woodcutting or hunting. Under section 212(2), a deduction is allowable for expenses that are ordinary and necessary "for the management, conservation, or maintenance of property held for the production of income." The regulations promulgated under section 212 provide that the term "ordinary and necessary" means that the expenses must be reasonable in amount and bear a reasonable and proximate relation to the management, conservation, or maintenance of property held for such purposes. Sec. 1.212-1(a)(2), (d), Income Tax Regs. The term "held for the production of income" includes held for appreciation in value, whether to maximize gain or to minimize loss. See sec. 1.212-1(b), Income Tax Regs. On this record, we find the management fees satisfy section 212(2) and decline to sustain respondent's disallowance of the deduction for them. Addition to Tax for Failure To File a Timely Return Section 6651(a)(1) imposes an addition to tax for failure to file timely Federal income tax returns unless the taxpayer shows that such failure was due to reasonable cause and not willful neglect. United States v. Boyle, 469 U.S. 241, 245 (1985). To prove "reasonable cause", a taxpayer must show that he exercised ordinary business care and prudence and was nevertheless unable to file the return within the prescribed time. Crocker v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011