Robert Cotton, Jr. - Page 14




                                       - 14 -                                         
          Memo. 1983-198.  We are satisfied that Mr. Cotton did incur some            
          expenses for these items.  See Cohan v. Commissioner, supra.  We            
          hold that Mr. Cotton incurred $800 in expenses in each of the               
          years 1994, 1995, and 1996.7                                                
          7.   Real Estate Taxes                                                      
               Generally, State and local real property taxes are                     
          deductible in the year in which they are paid or accrued.  See              
          sec. 164(a)(1); sec. 1.164-3(b), Income Tax Regs.                           
               In 1996, Mr. Cotton deducted $2,804 for real property taxes.           
          Mr. Cotton did not provide evidence of payment, such as books,              
          records, canceled checks, or property tax assessments, to                   
          substantiate the amount of tax paid or accrued in 1996.                     
          Therefore, Mr. Cotton is not entitled to a deduction for real               
          property taxes for 1996.                                                    
          8.   Accuracy-Related Penalty                                               
               Respondent determined that each petitioner is liable for the           
          accuracy-related penalty under section 6662(a) for 1995.  The               
          accuracy-related penalty is equal to 20 percent of any portion of           
          an underpayment of tax required to be shown on the return that is           
          attributable to the taxpayer’s negligence or disregard of rules             

               7    Mr. Cotton is not entitled to a deduction for 1994 and            
          1995 as previously indicated.  After concessions and our                    
          holdings, Mr. Cotton’s itemized deductions for 1994 and 1995 do             
          not exceed the standard deduction.  See sec. 63(c).  As to 1996,            
          sec. 67 imposes a 2-percent floor on miscellaneous itemized                 
          deductions.  It would appear that the $800 does not exceed the 2-           
          percent floor.                                                              





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011