Michael A. and Teresa F. Albach - Page 7




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               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.           





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