- 8 - maintain their landscaping business in California. We hold that the costs of the airfare and meals cannot be deducted as ordinary and necessary business expenses under section 162. Therefore, we sustain respondent’s determination on this issue. Accuracy-Related Penalty Pursuant to section 6662(a), respondent determined that petitioners are liable for an accuracy-related penalty due to an underpayment of tax attributable to negligence or disregard of rules or regulations. Because respondent determined that petitioners had failed to report income, failed to maintain proper records to substantiate the Schedule C deductions, and deducted personal expenses, respondent computed the accuracy- related penalty based upon the entire underpayment. Petitioners bear the burden of proving that section 6662 does not apply. See Rule 142(a); Tweeddale v. Commissioner, 92 T.C. 501, 506 (1989). Petitioners have neither offered any evidence regarding this issue nor provided a reasonable explanation why we should not hold them liable for the accuracy- related penalty. Accordingly, we sustain respondent’s determination of the accuracy-related penalty with regard to the underpayment associated with petitioners' concessions and this Court's redeterminations. In reaching our holdings herein, we have considered all of petitioners’ arguments, and, to the extent not mentioned above,Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011