- 7 - disallowance of the employee business expense deductions. All other expenses petitioners incurred that would be deductible as itemized deductions, such as, for example, the tax preparation fee for 1999, while allowable, would not exceed 2 percent of petitioners' adjusted gross income under section 67(a). Thus, none of the itemized deductions on Schedule A of petitioners' returns for job expenses and other miscellaneous deductions are deductible. Respondent, therefore, is sustained on this issue. Petitioners contend they should be absolved of liability for the section 6662(a) penalties because they relied on the representations of their return preparer. The Court is satisfied that petitioners knew that the amounts deducted on their tax returns for charitable contributions and employee business expenses were false. They even asked their return preparer whether they needed documentation to substantiate the amounts deducted, which indicates to the Court that petitioners had reason to doubt whether they could deduct such amounts. 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. 6662(a) and (b)(1). Negligence consists of any failure to make a reasonable attempt to comply with the provisions of the InternalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011