Nathan P. and Geraldine V. Morton - Page 38

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             a substantial understatement of tax with respect to the                  
             SWI stock.  See sec. 6662(b)(2).                                         
                  Petitioners have not challenged respondent's deter-                 
             mination of negligence with respect to the understatement                
             attributable to the gains from a transaction involving                   
             Home Depot stock.  Although the Stipulation of Settled                   
             Issues states that petitioners concede underreporting the                
             gain as determined in respondent's notice of deficiency,                 
             the stipulation is silent on the issue of the section                    
             6662 penalty.  At trial, petitioners' counsel informed                   
             the Court that this issue had not been resolved.                         
                  Petitioners bear the burden of proving that they are                
             not liable for the penalty as determined by respondent.                  
             Rule 142(a).  Petitioners have not met this burden with                  
             respect to the understatement attributable to the                        
             transaction involving Home Depot stock.  They introduced                 
             no evidence disputing the section 6662 penalty, and                      
             failed to raise any argument during trial or on brief as                 
             to why the penalty is inapplicable.  Accordingly, we                     
             sustain respondent's determination that petitioners are                  
             liable for the section 6662 penalty with respect to such                 
             understatement.                                                          
                  In light of the foregoing, and to reflect                           
             concessions and settled issues,                                          






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