- 6 - With respect to the unreimbursed employee expenses, petitioner incurred expenses in the use of his personal vehicle in making deliveries for his employer. However, he maintained no logs to document the use of his vehicle, nor did not retain any receipts or any other documentary information to substantiate any amount paid or incurred for such expenses. Such expenses are subject to the strict substantiation requirements of section 274(d), either through an account book, diary, statement of expense, or similar record. Sec. 1.274-5T(c)(2)(i), Temporary Income Tax Regs., 50 Fed Reg. 46017 (Nov.6, 1985). The Court, therefore, sustains respondent in disallowing the unreimbursed employee expense deductions for the 2 years in question. The tax preparation fees, although deductible and allowed, are deductible only to the extent such expenses exceed 2 percent of adjusted gross income. Sec. 67(a). Whether petitioners realize any tax benefit from this allowance will be determined in the Rule 155 computation. Petitioners contend they should be absolved of liability for the section 6662(a) penalties because they relied on the representations of their return preparer. Section 6662(a) provides for an accuracy-related penalty equal to 20 percent of any portion of an underpayment of tax required to be shown on the return that is attributable to the taxpayer's negligence or disregard of rules or regulations. Sec.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011