Christopher Y. Kimm - Page 8

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          $30,000 check, does not establish that petitioner conducted a               
          real estate investment business during 1996 and that petitioner             
          was entitled to an ordinary and necessary business deduction                
          related to site visits that petitioner’s father allegedly made              
          during the last quarter of 1996.  See Wood v. Commissioner, 338             
          F.2d 602, 605 (9th Cir. 1964), affg. 41 T.C. 593 (1964).                    
          Accordingly, petitioner is not entitled to an ordinary and                  
          necessary business expense deduction for the $30,000 paid to his            
          father.                                                                     
          B.   Accuracy-Related Penalty                                               
               As we have found that petitioner is not entitled to the                
          claimed deduction, we consider next whether petitioner is liable            
          for a section 6662 accuracy-related penalty for negligence.                 
          Section 6662(a) provides that if any portion of any underpayment            
          is due to negligence, then a taxpayer will be liable for a                  
          penalty equal to 20 percent of the underpayment of tax required             
          to be shown on the return that is attributable to the taxpayer’s            
          negligence.  Negligence is defined as “the lack of due care or              
          failure to do what a reasonable and ordinary prudent person would           
          do” under the circumstances.  Niedringhaus v. Commissioner, 99              
          T.C. 202, 221 (1992).  “Negligence” includes the failure to keep            
          adequate books and records or to substantiate items properly.               
          Id.; sec. 1.6662-3(b)(1), Income Tax Regs.                                  
               With respect to the accuracy-related penalty, respondent               






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