John R. Hernandez - Page 25

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          witness, neither brother, daughter, nor friend, to the courtroom            
          to corroborate his story that he was holding these funds for                
          them.  In failing to do so, petitioner did not carry his burden             
          of proving that these funds belonged to other taxpayers.  By                
          reason of the evidence in the record that the alternate payees              
          did not report these amounts on their income tax returns, and               
          that petitioner exercised dominion and control over these amounts           
          when they were deposited in Mrs. Hernandez’ bank account,                   
          Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 431 (1955)                
          (“undeniable accessions to wealth, clearly realized, and over               
          which the taxpayers have complete dominion”), we sustain in its             
          entirety respondent’s adjustment to petitioner’s income for each            
          year in question.                                                           
          Issue 5.  Petitioner Is Liable for the Accuracy-Related Penalty             
          Under Section 6662(d) for Substantial Understatements of Income             
          Tax                                                                         
               Section 6662(a) provides for an accuracy-related penalty of            
          20 percent “of the portion of the underpayment to which this                
          section applies”, which is “the portion of any underpayment which           
          is attributable to * * *  Any substantial understatement of                 
          income tax.”  Sec. 6662(b)(2).12  Section 6662(d) defines a                 

               12 For purposes of sec. 6662, sec. 6664(a) provides that an            
          underpayment is                                                             
               the amount by which any tax imposed by this title                      
               exceeds the excess of--                                                
                    (1) the sum of--                                                  
                                                             (continued...)           



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Last modified: May 25, 2011