- 9 - taxes for 1990 due to negligence. Respondent has the burden of proof on this issue because negligence was first asserted in the answer. Rule 142(a). Nonetheless, the evidence compels the conclusion that petitioner failed to maintain books and records to substantiate deductions to which she might have been entitled and that she claimed deductions to which she clearly was not entitled. The penalty under section 6662(a) will be sustained. Section 6673(a)(1) provides: SEC. 6673(a). Tax Court Proceedings.-- (1) Procedures instituted primarily for delay, etc.--Whenever it appears to the Tax Court that-- (A) proceedings before it have been instituted or maintained by the taxpayer primarily for delay, (B) the taxpayer's position in such proceeding is frivolous or groundless, or (C) the taxpayer unreasonably failed to pursue available administrative remedies, the Tax Court, in its decision, may require the taxpayer to pay to the United States a penalty not in excess of $25,000. Respondent seeks a penalty under section 6673 against petitioner on the ground that petitioner has litigated and lost the same issue, to wit, the deductibility of losses allegedly sustained in her tutoring and counseling activity, repeatedly without a showing of changed facts justifying a different result. Although petitioner, through her counsel, conceded that she was notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011