Douglas L. and Nancy H. Maxfield - Page 10

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          adequate books and records or to substantiate items properly.               
          Sec. 1.6662-3(b)(1), Income Tax Regs.  We have no difficulty in             
          finding that petitioners are guilty of negligence for both years            
          before the Court.6  They claimed deductions that are clearly                
          improper and made no attempt to keep satisfactory records as                
          required by section 6001.  Petitioners claim that they used                 
          “Turbo Tax”, a computer program for preparing tax returns, and              
          any fault lies with that program.  While section 6664(c) provides           
          an exception for a portion of the underpayment due to reasonable            
          cause, petitioner’s have not shown reasonable cause here.  The              
          “Turbo Tax” program depends on the entry of correct information.            
          Petitioners certainly knew that they were deducting personal                
          expenses when they entered items such as routine meals,                     
          clothing, insurance, etc.  Respondent’s determinations are                  
          sustained.                                                                  
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect respondent’s concessions at trial,                          
                                                  Decision will be entered            
                                             under Rule 155.                          




               6  Respondent has met his burden of production with respect            
          to the penalties, sec. 7491(c), and petitioners bear the burden             
          of proof, Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001).             





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