- 10 - negotiated the refinancing of their personal residence in order to finance their home improvements. Respondent presented no authority that would require the improvements to be performed in the year of the refinancing, nor does the evidence suggest to the Court that petitioners’ claim came as an afterthought after the deduction was disallowed by respondent. Therefore, the refinancing was “in connection with” home improvements. Sec. 461(g)(2). Petitioners may deduct the entire $4,400 paid in points on their 1999 Federal income tax return. Petitioners are sustained on this issue. Respondent determined a section 6662(a) penalty of $1,367.60 for 1999. Section 6662 provides for a 20-percent penalty for any underpayment to which the section applies. Sec. 6662(a). Respondent determined, under section 6662(b): (1) Petitioners were negligent or disregarded rules or regulations, or (2) petitioners’ deficiency represented a substantial understatement of income tax. Under section 7491(c), the Commissioner bears the burden of production with regard to penalties and additions to tax. Negligence is defined as “any failure to make a reasonable attempt to comply with the provisions of this title”, and disregard includes “careless, reckless, or intentional disregard.” Sec. 6662(c). A taxpayer is not negligent if he can demonstrate that the underpayment of tax was due to reasonablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011