HJ Builders, Inc. - Page 20

                                       - 20 -                                         
              Petitioners have presented no reliable evidence that the                
         Lexus was a business asset.  Although Mr. Wright testified that              
         his wife used the Lexus exclusively for business, she did not                
         appear at trial.  Deductions related to passenger vehicles are               
         not allowable unless the taxpayer substantiates by adequate                  
         records, or by sufficient evidence corroborating the taxpayer’s              
         own statement, the time, place, and business purpose of the                  
         vehicle’s use.  Sec. 274(d)(4).  Although HJ Builders did not                
         claim a business expense deduction for the payment to Lexus,                 
         petitioners argue that the payment is not income to the Wrights              
         because the Lexus vehicle was a business asset.  No records of               
         use of the vehicle were provided by petitioners.  Therefore, we              
         conclude that the $12,155 payment to Lexus was a personal expense            
         of the Wrights paid by the corporation and thus a constructive               
         dividend distribution out of the corporation to Mr. Wright in                
         2001.  Magnon v. Commissioner, supra at 993-994.                             
         Section 6662 Penalties                                                       
              Section 6662 imposes a 20-percent accuracy-related penalty              
         on any underpayment of Federal income tax attributable to a                  
         taxpayer’s substantial understatement of income tax or negligence            
         or disregard of rules or regulations.  Sec. 6662(a) and (b)(2).              
         Section 6662(c) defines “negligence” as including any failure to             
         make a reasonable attempt to comply with the provisions of the               







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Last modified: May 25, 2011