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