James H. Shelton, Deceased, and Eve Shelton - Page 16

                                           - 16 -                                            
                We find that petitioners are liable for the section 6662(a)                  
          accuracy-related penalty for 1992.  Petitioners failed to                          
          substantiate the cost of goods sold claimed on the Schedule C and                  
          claimed trade or business expense deductions for expenditures                      
          that were personal in nature.  Petitioners failed to offer any                     
          reasonable explanation for the errors made on their 1992 Federal                   
          income tax return.  Petitioner's testimony was vague and often                     
          times inconsistent with respect to many of the deductions here in                  
          dispute.                                                                           
                Respondent's determination with respect to the imposition of                 
          the section 6662(a) penalty is presumed correct, and petitioners                   
          bear the burden of proving that they are not liable for the                        
          accuracy-related penalty under section 6662(a).  Rule 142(a);                      
          Welch v. Helvering, 290 U.S. 111, 115 (1933); Bixby v.                             
          Commissioner, 58 T.C. 757, 791-792 (1972).  This they have failed                  
          to do.  Accordingly, petitioners are liable for the section                        
          6662(a) accuracy-related penalty for 1992.                                         
                To reflect the foregoing and concessions by respondent,                      


                                                      Decision will be entered               
                                                 under Rule 155.                             











Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  

Last modified: May 25, 2011