- 15 - comparison of the functions performed at the other locations yields no definitive answer, and because petitioner spends a small amount of time in the office in the home relative to the remainder of his working hours, the office in the home is not the principal place of business. Therefore, petitioners fail to meet the requirements of section 280A(c)(1)(A). Furthermore, because NIRC does not require petitioner to maintain an office in the home and because the NIRC office building is available for petitioner to use 24 hours a day, petitioner does not maintain the office in the home for the convenience of his employer. Thus, petitioners are not entitled to deductions for the alleged expenses of maintaining the office in the home. Penalties Section 6662(a) and (b)(1) imposes a penalty equal to 20 percent of the portion of the underpayment that is attributable to negligence or disregard of rules or regulations. Negligence is defined as a lack of due care or failure to do what a reasonable or ordinarily prudent person would do under similar circumstances. See Neely v. Commissioner, 85 T.C. 934, 947 (1985). Negligence also includes any failure by the taxpayer to keep adequate books and records or to substantiate items properly. See sec. 1.6662-3(b)(1), Income Tax Regs. The deductions for unsubstantiated estimated expenses, duplicate deductions of amounts paid to their son, and deductionsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011