John Michael Treu - Page 6

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          reimbursed petitioner for his expenses and for purchasing                   
          equipment.  Furthermore, it is unlikely that petitioner received            
          $10,000 more than Mr. Burgess.  We conclude that petitioner                 
          received $30,000 ($600 per week x 50 weeks) of gross income in              
          1999 from Treu Air.                                                         
               With respect to the accuracy-related penalty, we sustain               
          respondent.3  Section 6662(a) provides that “there shall be added           
          to the tax an amount equal to 20 percent of the portion of the              
          underpayment to which this section applies.”  Section 6662(b)               
          applies the section to underpayments due to negligence.                     
          Negligence includes the failure to make a reasonable attempt to             
          comply with the tax laws and to keep adequate books and records.            
          Sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax Regs.  Petitioner             
          was well aware that he had received gross income from Treu Air.             
          Moreover, he had received the Form 1099-MISC.  While it may be              
          that he was unsure of the correct amount of income, he failed to            
          take any action to determine that amount, and he simply reported            
          no income.  Negligence is strongly indicated where a taxpayer               
          fails to include in income the amount shown on an information               
          return.  Sec. 1.6662-3(b)(1)(i), Income Tax Regs.  At best, his             
          failure to report the income from Treu Air was negligent.                   



          3    Respondent has satisfied his burden of production under sec.           
          7491(c).                                                                    





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