Rodolfo Garcia, Jr. and Penny A. Garcia - Page 13

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          interests in mind.  The fact remains, however, that petitioners             
          failed to establish how the expenses at issue were directly                 
          related to either petitioner’s trade or business of earning                 
          income as an educator, and were, in certain instances, explicitly           
          not deductible by operation of statute.  See sec. 274(a)(3),                
          (m)(2); sec. 1.274-2(a)(2)(iii)(a), Income Tax Regs.  Petitioners           
          also did not consult a professional tax advisor.  While                     
          apparently motivated by a desire to enhance the education of                
          their students, petitioners have failed to show reasonable cause            
          for the underpayment caused by petitioners’ claimed expenses.  We           
          therefore sustain respondent's determination regarding the                  
          accuracy-related penalty under section 6662(a).                             
               To reflect the concessions of the parties,                             

                                                  Decision will be entered            
                                             under Rule 155.                          




















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