Connie D. Ray and Roma Kay Ray - Page 7

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          of the years in issue.  This case was submitted to the Court on a           
          basis of a brief stipulation of facts, and no trial was held.  In           
          this limited and scanty record that we have before us, there is             
          no evidence to show any error on the part of respondent in                  
          determining the penalties that are in issue here.  In cases such            
          as this, where respondent has determined additions to the tax or            
          penalties under section 6662, the burden of proof to show error             
          by respondent is placed upon petitioner.  Rule 142(a); Neely v.             
          Commissioner, 85 T.C. 934 (1985); Bixby v. Commissioner, 58 T.C.            
          757 (1972); Enoch v. Commissioner, 57 T.C. 781 (1972).  Except              
          for the one substantive issue that we have decided, petitioner              
          conceded all other adjustments to income for the years in issue.            
          We cannot tell what attempts, if any, petitioners made to report            
          their income tax in a proper and accurate manner.  This being               
          true, we cannot hold that respondent was in error in making the             
          determinations of penalties under section 6662.                             
                                             Decision will be entered                 
                                        for respondent.                               
















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