- 13 - As previously noted, section 162(a) generally allows deductions for ordinary and necessary expenses paid or incurred in carrying on the taxpayer’s trade or business. Petitioners claim that Morgan Farms was a trade or business during 1999, but petitioner’s vague testimony on the point compels us to conclude otherwise. Petitioner conceded entitlement to the deductions attributable to Morgan Farms that petitioners claimed on their 1998 return-–he should have made a similar concession for 1999. Petitioners are not entitled to the deductions claimed on the Schedule C included with their 1999 return. Respondent’s disallowances of those deductions are sustained. Section 6662(a) Penalty For each year in issue, respondent imposed a penalty under section 6662(a) on the ground that the underpayment of tax required to be shown on petitioners’ return is due to negligence or disregard of rules or regulations. Sec. 6662(a) and (b)(1). Negligence is defined to include any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code. Sec. 6662(c). It is further defined as the failure to do what a reasonable person with ordinary prudence would do under the same or similar circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). Disregard is defined to include any careless, reckless, or intentional disregard. Sec. 6662(c). An accuracy-related penalty is not imposed with respect to anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011