- 2 - Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. Respondent determined deficiencies in petitioners’ Federal income taxes of $7,297 in 1995 and $8,355 in 1996 and section 6662(a) accuracy-related penalties of $1,459.40 and $1,646, respectively. After concessions by both parties,1 the issues for decision are: (1) Whether petitioners received unreported income of $8,355 in 1996; (2) whether petitioners are entitled to the claimed deductions for advertising expenses in 1995 and 1996; and (3) whether petitioners are liable for accuracy-related penalties for 1995 and 1996 under section 6662(a). Some of the facts have been stipulated and are so found. Petitioners resided in Odessa, Florida, at the time they filed their petition. Background Petitioner Peter Possas (Mr. Possas) worked as a manager at a Nissan automobile dealership during the years at issue. His wages in 1995 totaled $108,867.57 and in 1996 totaled $92,657.87. Mr. Possas paid for flyers to advertise the automobile dealership. The dealership had advanced him money to pay for a 1 Respondent conceded the claimed employee business expense deduction for 1995 of $5,156.60. Respondent conceded that petitioners did not have unreported income in 1995. Petitioners conceded receipt of a taxable award from Mr. Possas’s employer in 1996 of $2,637. Petitioners conceded that they were not entitled to a deduction for the “unidentified expenses” claimed on their 1995 return of $8,532.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011