Randall and Lynn Bishop - Page 18




                                       - 18 -                                         
              Petitioners acknowledge their failure to keep adequate                  
         records in support of their claimed deductions for expenditures              
         subject to the substantiation requirements of section 274(d),                
         e.g., travel and entertainment expenses (including meals with                
         clients), and they concede that the accuracy-related penalty                 
         applies to any underpayment attributable to deduction                        
         disallowances with respect to such expenditures.  They argue,                
         however, that they made “a good-faith attempt to maintain proper             
         documentation in accordance with applicable rules and                        
         regulations” as regards the other section 162 expenses, and that             
         the penalty should not apply to any underpayment attributable to             
         the disallowance of deductions attributable to those expenses.               
              We note that petitioners have conceded all or a portion of              
         every deduction challenged by respondent, not merely the                     
         deductions subject to section 274(d).  Moreover, we have found               
         that petitioners’ records fail to sustain a large portion of the             
         deductions remaining in issue.  Under those circumstances, we                
         sustain the negligence penalty for the whole of petitioners’                 
         underpayment of tax.                                                         
              To reflect the foregoing,                                               

                                                 Decision will be entered             
                                            under Rule 155.                           









Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  

Last modified: May 25, 2011