Peter and Mary Possas - Page 14




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          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 the              






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