Stewart and Shirley Oatman - Page 9

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          or for a prior tax year.  Gertz v. Commissioner, 64 T.C. 598, 600           
          (1975).3                                                                    
               Petitioners contend that they included $2,219 in income in             
          1999.  We disagree.  Petitioners reported on their 1999 return              
          that they received rent of $14,700 from the Crenshaw Blvd.                  
          property in 1999; they did not report any other income related to           
          the Crenshaw Blvd. property on that return.  We conclude that               
          petitioners may not deduct $2,219 as a bad debt for 1999.                   
          G.   Whether Petitioners Are Liable for the Accuracy-Related                
               Penalty                                                                
               Respondent met the burden of production under section                  
          7491(c) with respect to the accuracy-related penalty under                  
          section 6662 because petitioners conceded that they are not                 
          entitled to deduct certain charitable contributions, employee               
          business expenses, miscellaneous expenses, and Schedule C losses,           
          and they figured their tax liability for 1999 by computing                  
          depreciation using clearly improper methods.4                               

               3  See also sec. 1.166-1(e), Income Tax Regs., which                   
          provides:                                                                   
               Worthless debts arising from unpaid wages, salaries,                   
               fees, rents, and similar items of taxable income shall                 
               not be allowed as a deduction under section 166 unless                 
               the income such items represent has been included in                   
               the return of income for the year for which the                        
               deduction as a bad debt is claimed or for a prior                      
               taxable year.                                                          
               4 We could also conclude that respondent has no burden of              
          production under sec. 7491(c) where, as here, petitioners failed            
                                                             (continued...)           





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