- 20 - trial, petitioner presented documentary evidence, by category, of a portion of his claimed 1997 expenses. Moreover, the examining agent’s 1997 Explanation of Items treats as either deductible on Schedule A, capitalizable, or nondeductible “personal or estate expenses” all but $8,292 of petitioner’s total 1997 Schedule C expenses, which indicates that petitioner substantiated all but $8,292 of those expenses during the audit. Petitioner claimed 1997 Schedule C expenses of $75,388 and, at trial, offered documentary evidence that, at best, substantiates the expenditure of approximately one-half of that amount. That lack of substantiation in the record supports the examining agent’s determination that petitioner’s Schedule C deductions included $8,292 of unsubstantiated expenses, and we so find. Therefore, in accordance with section 1.6662-3(b)(1), Income Tax Regs. (negligence includes “any failure by the taxpayer * * * to substantiate items properly”), we sustain the negligence penalty with respect to petitioner’s 1997 underpayment attributable to $8,292 of unsubstantiated expenses. Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Last modified: May 25, 2011