- 12 - light of the experience, knowledge, and education of the taxpayer may indicate reasonable cause and good faith. Remy v. Commissioner, T.C. Memo. 1997-72. In the notice of deficiency, respondent applied the section 6662(a) penalty to all adjustments for the year at issue. The underpayment resulted from respondent's total disallowance of petitioners' claimed cost of goods sold and deductions for car and truck expenses and depreciation in connection with Spanky's, as well as computational adjustments made in relation thereto. As discussed above, petitioners are entitled to reduce their business gross receipts by a cost of goods sold of $2,500; however, respondent's disallowance of the car and truck expenses and depreciation deductions has been sustained. Petitioners' evidence fell short of what was required to allow the bulk of the claimed cost of goods sold or any of the claimed car and truck expenses and depreciation deductions. Furthermore, petitioners presented no evidence to show that they used due care in deducting the disputed items on their 1997 return that were subsequently adjusted in the notice of deficiency and sustained by this Court in favor of respondent, nor did petitioners present evidence to show that they had reasonable cause to deduct such items. Petitioners failed to maintain adequate books and records to support the majority of the costs and deductions claimed in connection with their business. Therefore, the Court finds that petitioners negligently or intentionally disregarded rules orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011