110 T.C. No. 26
UNITED STATES TAX COURT
ALBERT LEMISHOW, Petitioner v.
COMMISSIONER OF INTERNAL REVENUE, Respondent*
Docket No. 18744-96. Filed June 2, 1998.
P is liable for the accuracy-related penalty on
that portion of the underpayment attributable to the
negligent omission of $102,519 of the total unreported
income. In determining the amount to which the penalty
is applied, R first calculated the total underpayment.
R then calculated the underpayment excluding the
"negligent" income. R then imposed the penalty on the
difference. P calculated the underpayment of tax
attributable to negligence by adding the $102,519 to
the reported income and applying the penalty to that
amount. Held, R's method of computing the penalty is
sustained.
J. Dudley B. Kimball, for petitioner.
Mark L. Hulse and Laurence D. Ziegler, for respondent.
1
This supplements Lemishow v. Commissioner, 110 T.C. 110
(1998).
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