Michael F. Lambaiso and Judy D. Lambaiso - Page 15




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               Deductions are a matter of legislative grace.  See New                 
          Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).  Taxpayers         
          bear the burden of establishing that they are entitled to the               
          claimed deductions.  See Rule 142(a); Welch v. Helvering, 290 U.S.          
          111, 114 (1933).  This includes the burden of substantiating the            
          amount and purpose of the item claimed.  See sec. 6001; Hradesky v.         
          Commissioner, 65 T.C. 87, 90 (1975), affd. per curiam 540 F.2d 821          
          (5th Cir. 1976); sec. 1.6001-1(a), Income Tax Regs.                         
               Petitioners failed to substantiate the amount or business              
          purpose of the automobile expenses.  The only evidence presented            
          was a list of automobile expenses prepared by petitioners' counsel          
          on the basis of petitioner's memory and not prepared                        
          contemporaneously with the use of the automobile.  Accordingly, we          
          sustain respondent on this issue.                                           
          Issue 3.  Section 6662(a) Accuracy-Related Penalty                          
               The final issue is whether petitioners are liable for the              
          section 6662(a) accuracy-related penalties for the years in issue           
          for negligence or disregard of rules or regulations or substantial          
          understatement of tax.  Petitioners generally assert a reasonable           
          cause defense.                                                              
               Section 6662 imposes a penalty equal to 20 percent of the              
          amount of the underpayment attributable to negligence or disregard          
          of rules or regulations or substantial understatement of tax.               
          "Negligence" means any failure to make a reasonable attempt to              





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