- 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