- 25 - 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...)Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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