- 14 - Daniels testified that, if she had not had the time to view all of petitioners' documents at the first meeting, she "would have asked for them on the document request to be presented at the second appointment." When asked if she submitted a document request after the first meeting, Ms. Daniels said, "Yes." In the instant case, except as to the unreported income conceded by petitioners, see supra note 1, petitioners' underpayment resulted from their failure to substantiate at trial the deductions that they claimed on their return. Petitioners' inability to produce any documentation at trial resulted from the loss of their records in the house fire. We are satisfied, however, that petitioners possessed substantiation for most if not all of their deductions when they filed their return. Consequently, we conclude that petitioners had reasonable cause and acted in good faith as to the underpayment resulting from the deductions in issue. Accordingly, we hold that petitioners are not liable for the penalty pursuant to section 6662(a) on the understatement resulting from the disputed deductions and that petitioners are liable for the penalty on the underpayment resulting from the unreported income conceded by petitioner. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011