Douglas L. and Nancy H. Maxfield - Page 9

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          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.                                             





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