- 8 - As discussed above, the business promotion expense deductions were adjusted by respondent to reflect the 50-percent limitation under section 274(n). The cause for the adjustment to the tax and license deductions is not as clear because petitioner concedes this issue and it was not argued at trial. Petitioner claimed deductions of $7,517 in 1996 and $4,323 in 1997; respondent allowed only $2,454 and $1,412, respectively. Neither petitioner’s tax return nor respondent’s notice of deficiency enumerates the individual expenses constituting the total claimed and allowed deductions for taxes and licenses. Respondent, however, argues in his trial memorandum that the totals were derived from the following with respect to 1996:3 Claimed Allowed Federal income tax withholding $1,300 $-0- Employees’ FICA 1,829 -0- Employer’s FICA 1,829 1,829 FUTA 121 121 State income tax withholding 165 -0- State unemployment insurance 377 377 State employee training tax 15 15 State disability insurance 191 -0- Licenses 112 112 Petitioner’s Federal income tax 1,578 -0- 7,517 2,454 Petitioner primarily argues that he is not liable for the negligence penalty because he relied on his tax return preparer. Limiting our review to the two items for which respondent found petitioner to be negligent, we agree with petitioner. Blind 3Some of the corresponding individual amounts were stipulated by the parties as having been paid.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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