Shigenori Kudo and Motomi Kudo, et al. - Page 37

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          understatement is reduced by the portion of the understatement              
          attributable to an item for which there is substantial authority            
          for the treatment by the taxpayer or where the relevant facts               
          affecting the item's tax treatment are adequately disclosed in              
          the return or in a statement attached to the return.  Sec.                  
          6662(d)(2)(B).                                                              
               The Kudos’ failure to maintain and to produce reliable                 
          records of their financial transactions and taxable income                  
          supports a conclusion of negligence.  Crocker v. Commissioner, 92           
          T.C. 899, 917 (1989); Schroeder v. Commissioner, 40 T.C. 30, 34             
          (1963).  Moreover, they cannot avoid the penalty on the grounds             
          of reliance on their tax preparer, because the Kudos did not                
          provide Nakamura with bank records or other records of the bank             
          deposits sufficient to prepare their returns accurately.  Metra             
          Chem. Corp. v. Commissioner, 88 T.C. 654, 662 (1987).  The                  
          evidence justifies imposition of the penalty for negligence                 
          and/or substantial understatement for each year.                            
               We apply the penalty only to the portion of the                        
          understatement attributable to unexplained bank deposits and to             
          the "Taxes Paid by Employer" issue for 1990, not to other items             
          raised in the notice of deficiency.                                         
                                     The Takaos                                       
          Unreported Income                                                           
               Respondent contends that the Takaos had unreported income              
          for the years in issue, as evidenced by the unexplained bank                




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