Timothy J. Glenn - Page 8

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          attributable to the early withdrawal, and the accuracy-related              
          penalty imposed under section 6662(a).                                      
                                     Discussion                                       
               Except as otherwise provided in section 6015, petitioner               
          bears the burden of proof.  See Rule 142(a); Alt v. Commissioner,           
          119 T.C. 306, 311 (2002), affd. 101 Fed. Appx. 34 (6th Cir.                 
          2004).  Respondent has the burden of production with respect to             
          the accuracy-related penalty, however.  See sec. 7491(c); Higbee            
          v. Commissioner, 116 T.C. 438, 446-447 (2001).                              
          1.  Accuracy-Related Penalty                                                
               In the notice of deficiency, respondent determined that                
          petitioner and Ms. Glenn are liable for an accuracy-related                 
          penalty pursuant to section 6662(a) with respect to the                     
          underpayment attributable to the unreported 10-percent additional           
          tax under section 72(t).                                                    
               Section 6662(a) imposes a 20-percent penalty on the portion            
          of any underpayment attributable to any of various factors, one             
          of which is negligence or disregard of rules or regulations.                
          Sec. 6662(b)(1).  “Negligence” includes any failure to make a               
          reasonable attempt to comply with the provisions of the Internal            
          Revenue Code, including failure to keep adequate books and                  
          records or to substantiate items properly.  Sec. 6662(c); sec.              
          1.6662-4(b)(1), Income Tax Regs.  As relevant to this case, the             
          penalty also applies to any portion of the underpayment that is             






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