Emmett I. and Shirley Sindik - Page 7

                                        - 7 -                                         
          provided no sufficient evidence to enable us to estimate the                
          amount of any business expense in excess of the amounts allowed             
          by respondent.  Accordingly, respondent is sustained on this                
          issue.                                                                      
          Capital Gain                                                                
               Respondent determined that petitioners failed to report a              
          capital gain on the sale of stock in the amount of $38,700 for              
          taxable year 1990.  Petitioners presented no evidence with                  
          respect to this issue.  Accordingly, we find that petitioners               
          have failed to meet their burden of proving that respondent’s               
          determination is incorrect, and respondent’s determination is               
          therefore sustained.                                                        
          Negligence                                                                  
               The next issue for our decision is whether petitioners are             
          liable for an addition to tax for negligence under section                  
          6653(a)(1) for taxable year 1988 and for an accuracy-related                
          penalty for negligence under section 6662(a) for taxable years              
          1989 and 1990.                                                              
               For taxable year 1988, section 6653(a)(1) imposes an                   
          addition to tax equal to 5 percent of the underpayment if any               
          part of the underpayment is attributable to negligence or                   
          intentional disregard of rules or regulations.  With respect to             
          taxable years 1989 and 1990, section 6662(a) imposes an accuracy-           
          related penalty equal to 20 percent of the portion of the                   






Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011