- 6 - We find that the medical and job expenses were not substantiated, except for the $315 amount respondent conceded. This amount has no net tax effect because of the 7.5 percent of adjusted gross income limitation under section 213(a). We also find that the job expenses were not ordinary and necessary to petitioner’s job as a shift supervisor. Sec. 162(a). Accordingly, we sustain respondent’s determinations as to these issues. Respondent determined that petitioners were liable for the section 6662(a) penalty in the amount of $462. Section 6662(a) provides for an accuracy-related penalty in the amount of 20 percent of the portion of an underpayment of tax attributable to, among other things, negligence or disregard of rules or regulations. Sec. 6662(a) and (b)(1). Negligence is defined to include any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue laws and any failure by the taxpayer to keep adequate books and records or to substantiate items properly. Sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax Regs. Petitioners provided no records which substantiated their alleged expenses, aside from the amounts of dental expenses substantiated, minor in amount compared to the amounts petitioners claimed as deductions. Nor did they attempt toPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011