Wayne B. Bailey - Page 20




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               Petitioner has failed to meet his burden of persuasion with            
          respect to the accuracy-related penalties.  Petitioner claimed              
          substantial deductions for which he apparently maintained no                
          records.  At trial, petitioner admitted that some of the                    
          deductions on his Schedules C for 2001 and 2002 may have                    
          represented personal expenditures, including the costs of a                 
          family trip to Mexico and payments for insurance premiums on his            
          personal automobiles.  As noted supra, petitioner likely incurred           
          several business expenditures during 2001 and 2002.  However,               
          petitioner has not produced any evidence establishing that he               
          acted with reasonable cause and in good faith with respect to any           
          portion of the understatements of tax on his 2001 and 2002 income           
          tax returns.  Therefore, to the extent that we uphold                       
          respondent’s determination of deficiencies for 2001 and 2002, we            
          conclude that petitioner is liable for the section 6662(a)                  
          penalties.                                                                  
               To reflect the foregoing,                                              

                                                  Decision will be entered            
                                             under Rule 155.                          














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