- 8 - rendered. Petitioner correctly included it as income on her Federal tax return. Had the cost of petitioner’s temporary lodging amounted to a qualified moving expense, her entitlement to a deduction would not have been eliminated because Authentic Fitness paid her a bonus described as a “Total Tax Liability Gross-Up”. Therefore, the payment to petitioner is income, and that payment does not affect the character of the other payments related to petitioner's move. Respondent determined a section 6662(a) penalty against petitioner in the amount of $741.12. Section 6662(a) provides for a 20-percent penalty for any underpayment to which the section applies. Respondent determined that section 6662(b) applied to petitioner because petitioner was negligent or disregarded rules or regulations. Negligence is defined as “any failure to make a reasonable attempt to comply with the provisions of this title.” Disregard includes “careless, reckless, or intentional disregard”. Sec. 6662(c). Although respondent bears the burden of production under section 7491(c), petitioner must still show she had reasonable cause to believe her deduction was correct. The Court holds that petitioner was negligent in claiming part of her moving expenses as deductible. Petitioner filed her 2001 Federal income tax return on April 10, 2002. She received a letter on or about February 10, 2002, from Warnaco explaining the items on her Form W-2. The expensePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011