Jefferry Phuong Vo and Mai Xuan Nguyen - Page 10




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          related penalty is inapplicable.1  See Rule 142(a); Welch v.                
          Helvering, supra at 115; Bixby v. Commissioner, 58 T.C. 757, 791-           
          792 (1972).                                                                 
               With respect to the cable charges, petitioners claimed                 
          business deductions for expenses which were personal in nature.             
          Petitioners have failed to provide any information about the                
          business purpose of their claimed travel and meal and                       
          entertainment expenses.                                                     
               Accordingly, we hold that petitioners are liable for an                
          accuracy-related penalty pursuant to section 6662(a) with respect           
          to the understatement of tax attributable to the deductions we              
          have disallowed.                                                            
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                                  Decision will be entered            
                                             under Rule 155.                          








               1  Section 7491(c), applicable to court proceedings arising            
          in connection with examinations commencing after July 22, 1998,             
          requires the Secretary to carry the burden of production with               
          respect to additions to tax.  See Internal Revenue Service                  
          Restructuring & Reform Act of 1998, Pub. L. 105-206, sec. 3001,             
          112 Stat. 726.  Petitioners do not contend that their examination           
          commenced after July 22, 1998, or that sec. 7491 is applicable to           
          them.                                                                       





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