- 8 - mileage for the automobiles. The deductions claimed for clothes and food were for everyday clothing and meals which are clearly personal expenses. The claimed utility expense deductions were for the total utilities for his home and clearly have more than an incidental personal portion in the amount claimed.5 Even putting aside the failure to comply with section 274(d), there is no evidence as to the business nature of the claimed travel and lodging expenses. Petitioner’s testimony concerning the travel expenses indicates that members of his family traveled with him. The insurance, other than that allowed by respondent, consisted of personal life insurance and automobile insurance. In sum, we find no basis for the amount of the deductions claimed. B. Section 6662 Penalties Section 6662(a) provides a penalty in an amount equal to 20 percent of the portion of any underpayment attributable to, among other things, “Negligence or disregard of rules or regulations”. Sec. 6662(b)(1). “‘Negligence’ includes any failure to make a reasonable attempt to comply with the provisions * * * [of the Internal Revenue Code], and the term ‘disregard’ includes any careless, reckless, or intentional disregard.” Sec. 6662(c). Negligence also includes any failure by the taxpayer to keep 5 Respondent allowed a portion of the utilities and homeowners insurance based on petitioner’s use of a portion of his home for business purposes.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011