Ronald P. Barranti and Stephanya M. Barranti - Page 18

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          all the facts and circumstances of this case, we hold                       
          petitioner's loss from the sale of her property is a                        
          nondeductible personal expense.                                             
          Issue 2.  Accuracy-Related Penalty                                          
               Respondent determined that petitioners are liable for an               
          accuracy-related penalty pursuant to section 6662(a) for                    
          negligence or disregard of rules or regulations. Petitioners                
          assert that they are not liable for any section 6662(a) penalty,            
          because they relied upon the advice of their certified public               
          accountant in reporting their income.  The burden is on the                 
          taxpayer to prove the Commissioner's imposition of the penalty is           
          in error.  Luman v. Commissioner, 79 T.C. 846, 860-861 (1982);              
          Bixby v. Commissioner, 58 T.C. 757 (1972).                                  
               Petitioners claimed deductions to which they were not                  
          entitled, underreported dividend income, overstated their                   
          Schedule C expenses, and claimed an ordinary loss on the sale of            
          personal use property.                                                      
               Section 6662 provides for the imposition of a penalty equal            
          to 20 percent of the portion of an underpayment which is                    
          attributable to negligence or disregard of the rules or                     
          regulations.  Sec. 6662(a) and (b)(1).  For purposes of this                
          section, the term "negligence" includes any failure to make a               
          reasonable attempt to comply with the Internal Revenue laws, a              
          failure to exercise ordinary and reasonable care in the                     





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