- 13 - this issue. Respondent was unable to provide the Court with any facts indicating that petitioners are not entitled to the claimed deduction. Rather, respondent admitted that the examiner initially allowed the claimed deduction in full for the 1995 year on the basis of the application of a ratio of the same expense for petitioners’ 1996 year. Accordingly, petitioners are allowed the full amount of the claimed advertising expense deduction for the 1995 year. 4. Section 6662(a) Accuracy-Related Penalty Respondent determined that petitioners are liable for the accuracy-related penalty for 1995 and 1996 under section 6662(a) because of negligence or disregard of rules or regulations or substantial understatement. The accuracy-related penalty is equal to 20 percent of any portion of an underpayment of tax required to be shown on the return that is attributable to, among other choices, the taxpayer’s negligence or disregard of rules or regulations or any substantial understatement of income tax. Sec. 6662(a) and (b). “Negligence” includes any failure to make a reasonable attempt to comply with the provisions of the Code and any failure by the taxpayer to keep adequate books and records or to substantiate items properly. Sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax Regs. “Disregard” includes any careless, reckless, or intentional disregard. Sec. 6662(c). A taxpayer has a substantial understatement of income tax if thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011