- 14 - failed to carry his burden of establishing that he could not have been reimbursed by McKendree for the claimed gifts. On the record before us, we find that petitioner has failed to carry his burden of establishing that he is entitled for his taxable year 1999 to the deduction under section 162(a) that he claims as unreimbursed employee business expenses for the claimed gifts.6 Accuracy-Related Penalty It is respondent’s position that petitioner is liable for his taxable year 1999 for the accuracy-related penalty under section 6662(a) because of negligence or disregard of rules or regulations under section 6662(b)(1). The term “negligence” in section 6662(b)(1) includes any failure to make a reasonable attempt to comply with the Code. Sec. 6662(c). Negligence has also been defined as a failure to do what a reasonable person would do under the circumstances. See Leuhsler v. Commissioner, 963 F.2d 907, 910 (6th Cir. 1992), affg. T.C. Memo. 1991-179; Antonides v. Commissioner, 91 T.C. 686, 699 (1988), affd. 893 F.2d 656 (4th Cir. 1990). The term 6Assuming arguendo that petitioner had established the deductibility under sec. 162(a) of the claimed gifts, he would still have to satisfy the requirements of sec. 274(b) and (d) and the regulations thereunder. On the record before us, we find that petitioner has failed to satisfy those requirements. See sec. 274(b) and (d); sec. 1.274-3, Income Tax Regs.; sec. 1.274- 5T(b)(5), Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 10, 2007