Bruce K. Remy and Gail E. Remy - Page 17

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             demonstrate "gross errors of fact" in the revenue agent's                
             report.  The first two particulars, i.e., that the agent                 
             failed to cite any statute that would disallow the claimed               
             deduction, and that the agent cited Van Iderstine Co. v.                 
             Commissioner, supra, have nothing to do with the facts of                
             the case.  The last particular, consisting of the statement              
             in the revenue agent's report that "no income has ever been              
             reported for the claimed deduction", deals with a fact, but              
             one which is true.  As mentioned above, we found that                    
             petitioners deducted the value of Dr. Remy's professional                
             time in performing telephone services for his patients but               
             did not include that amount in their gross income.  Thus,                
             it is clear that no income has ever been reported for the                
             claimed deduction.                                                       

             Accuracy-Related Penalty                                                 
                  Respondent determined that petitioners are liable for               
             an accuracy-related penalty under section 6662(a) for each               
             of the years in issue.  Section 6662(a) imposes a penalty                
             equal to 20 percent of the portion of the underpayment of                
             tax which is attributable to one or more of five types of                
             errors specified in section 6662(b) including:                           

                  (1)  Negligence or disregard of rules or                            
                       regulations.                                                   







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