- 15 - respondent did not raise it in a prior year. See Hawkins v. Commissioner, 713 F.2d 347, 351-352 (8th Cir. 1983), affg. T.C. Memo. 1982-451; Easter v. Commissioner, 338 F.2d 968, 969 (4th Cir. 1964), affg. per curiam T.C. Memo. 1964-58. Petitioners point out that the amounts B&W deducted as advanced costs were less than 5 percent of its total income for fiscal years 1994 and 1995 and argue that no material distortion of income or expenses would result from deducting those costs. Petitioners’ argument misses the mark. Respondent did not determine that B&W’s income was distorted by its deduction of advanced client costs; instead, respondent determined, and we agree, that B&W may not deduct advanced client costs because they were nondeductible loans to its clients. C. Whether Petitioners Are Liable for the Accuracy-Related Penalty for Negligence Petitioners contend that they are not liable for the accuracy-related penalty for negligence for 1994, 1995, and 1996. We disagree. Taxpayers are liable for a penalty equal to 20 percent of the part of the underpayment attributable to negligence or disregard of rules or regulations. See sec. 6662(a) and (b)(1). Negligence includes failure to make a reasonable attempt to comply with internal revenue laws or to exercise ordinary and reasonable care in preparing a tax return. See sec. 6662(c). To avoid liability for negligence, the Badells and Wilsons must showPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011