- 51 - business records. Lewellen credibly testified that he did not know that petitioners improperly deducted personal expenses as business expenses on their 1998 return. We reject petitioners’ attempt to shift the blame to Edgar for their deduction of personal expenses as business expenses because petitioners continued to improperly deduct personal expenses, such as payments to their home gardener and to Kim Sterling for flowers, in 1999 after Edgar left. E. Accuracy-Related Penalty Respondent contends that petitioners are liable for the accuracy-related penalty for negligence on the portion of the underpayment of their tax for each of the years 1998 and 1999 that is not due to fraud. A taxpayer may be liable for a penalty of 20 percent on the portion of an underpayment of tax due to negligence or disregard of rules or regulations. Sec. 6662(b). However, section 6662 does not apply to any portion of an underpayment subject to the fraud penalty under section 6663. Id. In the case of a joint return where one spouse is found liable for fraud, the accuracy-related penalty cannot be imposed on the other spouse because imposing the accuracy-related penalty on the other spouse, sec. 6663(c), would result in “impermissible stacking”. Zaban v. Commissioner, T.C. Memo. 1997-479. In court proceedings arising in connection with examinations beginning after July 22, 1998, section 7491(c) places on thePage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
Last modified: May 25, 2011