- 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
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