- 12 - that they did not. According to petitioners, respondent's analysis is flawed because the estimated living expenses used therein to calculate the purported understatement were much greater than their actual living expenses. We agree with petitioners that respondent's determination on this issue is wrong, but we do so mainly for different reasons. Respondent's determination is based erroneously on the assumption that petitioners paid all $63,297 of the expenses which they deducted for Harris Enterprises. As we have held above, however, petitioners did not pay the amounts claimed for advertising ($5,275), gravel parking lot ($2,900), and water well replacement ($6,500). When these nonpayments are factored into respondent's analysis, the understatement drops to a mere $2,339 ($17,014 - $14,675). Seeing further that respondent's analysis failed to give proper regard to the fact that petitioners were financially handicapped during the relevant years, we believe that it is reasonable to conclude that petitioners spent $2,339 less in cash expenditures than the amount that was set forth in respondent's analysis. We hold for petitioners on this issue. 4. Additions to Tax/Accuracy-Related Penalty Respondent determined an addition to tax under section 6651(a), asserting that petitioners failed to file timely a 1992 Federal income tax return, and that they did not show that their failure was due to reasonable cause. In order to avoid this addition to tax, petitioners must prove that their failure to file was: (1) Due to reasonable cause and (2) not due to willfulPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011