David D. Brayshaw and Nora D. Brayshaw - Page 19




                                               - 18 -                                                  
                  Gas and electricity                    $653.63                                       
                  Water and sewer                         213.33                                       
                  Refuse                                  193.20                                       
                  Condominium fee                       3,016.26                                       
                  Property taxes                        2,345.42                                       
                  Mortgage interest                    19,865.32                                       
                  26,287.16                                                                            
            We do not accept petitioners’ assertions concerning depreciation                           
            of the residence.  As for the repair expenses (for plumbing and a                          
            broken window), we hold based on the record before us that they                            
            are not sufficiently related to the business use of the property                           
            for any portion to be deductible.                                                          
            Itemized Deductions                                                                        
                  Finally, petitioners argue that they are entitled to various                         
            itemized deductions in lieu of the disallowed business expense                             
            deductions.  We agree with respect to certain of these expenses:                           
            Petitioners are entitled to deduct the portions of the mortgage                            
            interest and property taxes which they paid and which are not                              
            allocable to Mr. Brayshaw’s business, as discussed supra.  See                             
            secs. 163(a) and (h), 164(a).                                                              
            Negligence Penalty                                                                         
                  Respondent determined that petitioners are liable for a                              
            penalty under section 6662(a) with respect to the underpayment                             
            resulting from the total amount of the deficiency.                                         
                  Section 6662(a) imposes a 20-percent penalty on the portion                          
            of an underpayment attributable to any one of various factors,                             
            one of which is negligence or disregard of rules or regulations.                           
            Sec. 6662(b)(1).  “Negligence” includes any failure to make a                              





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011