19 equal to 20 percent of the portion of any underpayment of tax that is due to negligence. Under section 6662(c), negligence is any failure to make a reasonable attempt to comply with the provisions of the Code. Based on petitioners' amended returns filed after the notice of deficiency was issued and immediately before trial, wherein they adjusted the amount of nearly every item of expense claimed on their original returns, and based on petitioners' failure to provide credible substantiation or authority for any of the items at issue in this case, we find that petitioners are liable for the penalty under section 6662(b)(1) for 1990. Respondent is sustained on this issue. At trial, petitioner made an oral motion for discovery requesting copies of the revenue agent's workpapers resulting from the administrative examination of his 1988 and 1989 Federal income tax returns. Petitioner also sought an explanation as to why his returns were selected for examination. Under Rule 70(b)(1), information sought through discovery may concern any matter not privileged and which is relevant to the subject matter involved in the pending case. However, discovery "shall be completed, unless otherwise authorized by the Court, no later than 45 days prior to the date set for call of the case from a trial calendar." Rule 70(a)(2). This case was first called for trial on May 12, 1994. Petitioner did not move for discovery until the case was recalled for trial at a special session heldPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011