Cheng C. and Susan L. Kao, et al. - Page 9

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            the section applies.  The section applies to, among other items,                          
            the portion of an underpayment attributable to (1) negligence or                          
            disregard of rules or regulations, or (2) any substantial                                 
            understatement of income tax.  Sec. 6662(b).  Negligence includes                         
            the failure to make any reasonable attempt to comply with the                             
            Internal Revenue Code.  Sec. 6662(c).  No penalty may be imposed                          
            on any portion of an underpayment that is attributable to                                 
            negligence if the position is adequately disclosed, the position                          
            is not "frivolous", and the taxpayer has adequate books and                               
            records and has substantiated items properly.  Sec. 1.6662-3(c),                          
            Income Tax Regs.  A "frivolous" position is one that is "patently                         
            improper."  Sec. 1.6662-3(b)(3), Income Tax Regs.                                         
                  Petitioners offered no plausible explanation for their                              
            failure to report significant amounts of income.  While the Kaos                          
            and Kolyn disclosed, on Forms 8275, that Kolyn received $790,000                          
            in 1991, they failed to produce adequate books and records and to                         
            substantiate items properly.  As a result, we sustain                                     
            respondent's determinations on this issue.                                                
                  We have considered all other arguments made by the parties                          
            and found them to be either irrelevant or without merit.                                  
                  To reflect the foregoing,                                                           

                                                            Decisions will be entered                 
                                                      under Rule 155.                                 







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