David E. and Cheryl G. Smith - Page 20

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          increase in deficiency.  Respondent bears the burden of proving             
          the increases in deficiency and penalties asserted in his                   
          Amendment to Answer.  Rule 142(a); Sproul v. Commissioner, T.C.             
          Memo. 1995-207.  Although petitioners have conceded that they are           
          liable for the increase in deficiency, petitioners have not                 
          conceded that they are liable for the accuracy-related penalties            
          asserted in respondent's Amendment to Answer.                               
               Respondent has failed to sustain the burden of proving the             
          penalties asserted in the Amendment to Answer.  Respondent                  
          erroneously assumed on brief that petitioners had the burden of             
          proof with respect to this issue, and therefore respondent                  
          presented no proof that petitioners acted negligently or                    
          intentionally disregarded the rules or regulations by failing to            
          report taxable distributions from petitioner husband’s pension              
          plan.  Accordingly, we hold that petitioners are liable for the             
          accuracy-related penalties reflected in respondent's notice of              
          deficiency, but not for the accuracy-related penalties resulting            
          from the increases in the deficiencies.                                     
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        under Rule 155.                               










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