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the additions to tax and the negligence penalty resulting from
underpayments by the Michoff, Srs.
For the taxable years 1986, 1987, and 1988, the contention
of Michoff, Jr., that he is not liable for additions to tax for
negligence consists of one sentence: “Michael Michoff, Jr., is
not liable for the penalties due under IRC [sections]
6653(A)(1)(a) and 6653(A)(1)(b) because he was not guilty of
negligence or disregard of rules or regulations.” This
contention is not an argument; it is a conclusion. Respondent is
sustained on this issue.
Michoff, Jr., presented no argument that he is not liable
for the negligence penalty for the 1989 tax year. The burden
rests with petitioner to prove that respondent's deteminations
are in error. Rule 142(a). We cannot be sure that petitioner
intended to abandon the issue, but in any case respondent's
determination of the applicable penalty resulting from the
underpayment of tax must be sustained with respect to the 1989
tax year of Michoff, Jr.
For the 1990 tax year Michoff, Jr., and Kimberly Michoff
argue that they are not liable for the accuracy-related penalty
because they have accounted for all of the deposits which were
questioned by the revenue agent. As we have already found, they
did not. Respondent is sustained on this issue.
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