Edgar and Doris Brown - Page 14

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          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.                               





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