- 4 - applicable statute and show that he comes within its terms"); cf. sec. 1.162-1(a), Income Tax Regs. (stating that to be deductible, business expenses must be "directly connected with or pertaining to the taxpayer's trade or business" (emphasis added)). Accordingly, we hold that petitioner is not entitled to a deduction for NHR's business expenses. Respondent determined that petitioner was liable for additions to tax for failure to file her Federal income tax returns in a timely manner as well as accuracy-related penalties for negligence. Section 6651(a) imposes an addition to tax for failure to file a tax return in a timely manner. Petitioner's 1992 and 1993 tax returns were due on April 15, 1993 and 1994, respectively. Petitioner did not file those returns, however, until October 14, 1994. Petitioner has failed to establish that her tardiness was due to reasonable cause and not due to willful neglect. Sec. 6651(a); United States v. Boyle, 469 U.S. 241 (1985); Welch v. Helvering, 290 U.S. 111, 115 (1933). Accordingly, petitioner is liable for the section 6651(a) additions to tax. Section 6662 imposes an accuracy-related penalty on the portion of an underpayment that is attributable to negligence or disregard of rules or regulations. Negligence is the "'lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances.'" Neely v.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011