Philip A. Saunders - Page 12




                                       - 12 -                                         
          reimbursements, and our finding with respect to Medicare taxes,             
          petitioner is not entitled to a medical expense deduction for               
          1994.  Respondent’s determination to this end is likewise                   
          sustained.3                                                                 
          3.   Negligence Penalty                                                     
               Section 6662(a) imposes an accuracy-related penalty of 20              
          percent on any portion of an underpayment of tax that is                    
          attributable to negligence or disregard of rules or regulations.            
          Section 6662(c) defines “negligence” to include any failure to              
          make a reasonable attempt to comply with the Internal Revenue               
          Code, and defines “disregard” to include any careless, reckless,            
          or intentional disregard of rules or regulations.  The negligence           
          penalty does not apply to any portion of an underpayment if it is           
          shown that there was reasonable cause for such portion and the              
          taxpayer acted in good faith with respect thereto.  Sec.                    
          6664(c)(1).                                                                 
               Petitioner prepared his Federal income tax return for each             
          year in issue.  In determining whether imposition of the                    
          negligence penalty is appropriate for those years, we take into             
          account petitioner’s background as an attorney and a consultant             


               3 Because its resolution would have no tax effect, we do not           
          address the dispute between the parties as to whether certain               
          expenses incurred by petitioner’s spouse for participation in a             
          weight loss program qualify for deduction under sec. 213.  See              
          Rev. Rul. 2002-19, 2002-16 I.R.B. 778.                                      






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011