Emmanuel L. Roco - Page 10

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          understatement and acted in good faith.  Sec. 6664(c)(1); sec.              
          1.6664-4(a), Income Tax Regs.                                               
               Respondent bears the burden of production with respect to              
          petitioner’s liability for the accuracy-related penalty under               
          section 6662(c) because the examination in this case commenced              
          after July 22, 1998, the effective date of section 7491.                    
          Internal Revenue Service Restructuring and Reform Act of 1998,              
          Pub. L. 105-206, sec. 3001(c), 112 Stat. 727.  Petitioner                   
          erroneously failed to include in his gross income the $1,568,087            
          qui tam payment.  Thus, respondent has met the burden of                    
          production.  H. Conf. Rept. 105-599, at 241 (1998), 1998-3 C.B.             
          747, 995.                                                                   
               2.   Petitioner’s Contentions                                          
               Petitioner contends that he made a good faith and reasonable           
          effort to assess his proper tax liability by discussing it with             
          Mrs. Roco and researching tax cases, the Internal Revenue Code,             
          IRS regulations, tax publications, and tax treatises to determine           
          whether the qui tam payment was includable in gross income for              
          Federal income tax purposes.  He also contends that his failure             
          to report the qui tam payment on his 1997 return was reasonable             
          because he expected respondent to audit his 1997 return after               
          respondent matched the Form 1099-MISC with his return and                   
          discovered that he had not reported the $1,568,087 payment.  We             
          disagree.                                                                   






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