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