- 12 - years in issue, they are not entitled to the full deduction in 1991. See sec. 165(f). IV. Expense Deduction Petitioners contend, in the alternative, that they are entitled to a section 162(a) deduction relating to an ordinary and necessary business expense. Section 162(a) provides that a taxpayer engaged in a trade or business may deduct all ordinary and necessary expenses. Petitioners have failed to establish that JTFJ’s corporate expenses were the ordinary and necessary expenses of their trade or business. Petitioners, therefore, are not entitled to deduct the advances and guaranty payments as ordinary and necessary business expenses pursuant to section 162(a). V. Accuracy-Related Penalty Respondent determined that petitioners were negligent in determining their 1991, 1992, and 1994 liabilities and are liable for a section 6662 penalty. The penalty applies to the portion of petitioners’ underpayment that is attributable to negligence or disregard of rules or regulations. See sec. 6662(b)(1). Petitioners, relying on the advice of an attorney and an accountant, made a reasonable attempt to accurately report their bad debt deduction. See sec. 6664(c). As a result, petitioners are not liable for the accuracy-related penalty.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011