Joyce H. Sams - Page 25




                                       - 24 -                                         
          46017 (Nov. 6, 1985).  Sec. 1.274(d)-1(a), Income Tax Regs.  The            
          standard business mileage rate for transportation expenses paid             
          or incurred on or after January 1, 1996, is 31 cents per mile for           
          all miles of use for business purposes.  Rev. Proc. 95-54, 1995-2           
          C.B. 450, 452.                                                              
               Petitioner produced a copy of her daily appointment book               
          that reflects approximately 17,300 business miles traveled in               
          1996 to substantiate her claim.  We are satisfied that petitioner           
          has provided credible evidence substantiating the number of                 
          business miles traveled, and petitioner is allowed a deduction of           
          $5,249.23 (31 cents times 16,933).                                          
          8.  Section 6662 Accuracy-Related Penalty                                   
               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 things, 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 amount of the               






Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011