Jesse Emmit and Marjorie A. Rupert - Page 13




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          $39,274 as expenses incurred in petitioner’s consulting business.           
          We note that petitioner prepared his own 1996 Federal income tax            
          return.                                                                     
               Under section 7491(c), respondent must carry the “burden of            
          production” with respect to the question of whether petitioners             
          are liable for penalties, including the accuracy-related penalty.           
          See Higbee v. Commissioner, 116 T.C. ___, ___, (2001) (slip op.             
          at 14).  We have concluded that the burden of production required           
          of the Commissioner is that he “must come forward with sufficient           
          evidence indicating that it is appropriate to impose” the                   
          accuracy-related penalty.  Id. at ___ (slip op. at 15).                     
               There is sufficient evidence in this record to support our             
          holding that respondent has met the above-described burden.                 
          Petitioners’ very act of veiling their claim of expenses for                
          their daughter’s domestic relations litigation as part of an                
          engineering consulting business shows that they acted negligently           
          and not with good faith.  Petitioners’ reporting position gave              
          the false impression that the $39,274 was being claimed in a                
          Schedule C activity that was connected with “Engineering”.  In              
          addition, petitioners’ attempt to claim what are clearly personal           
          expenditures as a business item supports the imposition of the              
          penalty.  Under these circumstances, we find petitioners liable             
          for the accuracy-related penalty of section  6662(a) with respect           
          to the portion of the underpayment attributable to their claim of           






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