Michael P. and Pamela J. Hopkins - Page 18

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          also fail to specify the respective amounts of Mr. Hopkins’s S              
          Corporation’s claimed advertising expense deduction of $3,130 and           
          Mr. Hopkins’s S Corporation’s claimed promotional expense deduc-            
          tion of $39,000, which when added to the $3,772 of advertising              
          and promotional expenses that respondent allowed Mr. Hopkins’s S            
          Corporation as a deduction, are reasonable under section                    
          162(a).21                                                                   
               Based upon our examination of the entire record in this                
          case, we find that petitioners have failed to carry their burden            
          of establishing that Mr. Hopkins’s sole proprietorship and Mr.              
          Hopkins’s S Corporation are entitled for 1999 to any advertising            
          and/or promotional expense deductions under section 162(a) in               
          excess of the respective advertising and/or promotional expense             
          deductions that respondent allowed those businesses.                        
               We turn next to the determination in the notice that peti-             
          tioners are liable for 1999 for the accuracy-related penalty                
          under section 6662(a).  Respondent determined that petitioners              
          are liable for that penalty because of:  (1) Negligence or                  
          disregard of rules or regulations under section 6662(b)(1) or               
          (2) a substantial understatement of tax in petitioners’ 1999                
          joint return under section 6662(b)(2).                                      

               20(...continued)                                                       
          See Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930);             
          see also Norgaard v. Commissioner, 939 F.2d 874, 879 (9th Cir.              
          1991), affg. in part and revg. in part T.C. Memo. 1989-390.                 
               21See supra note 20.                                                   




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