- 20 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Last modified: May 25, 2011