Lucila Novoa - Page 25

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          failed to report a substantial amount of her income on her 1993             
          return, including income from her trucking business and income              
          from the sale of her truck.  Petitioner overstated her Schedule E           
          losses by adjusting her rental expenses in an unacceptable                  
          manner, and failed to substantiate expenses that she deducted on            
          her Schedule E.17                                                           
               Petitioner's arguments against the imposition of the                   
          accuracy-related penalty relate only to the portion of the                  
          underpayment attributable to her unreported Schedule C income.              
          Petitioner argues that she provided her tax preparer with                   
          receipts of her business expenses and with the Form 1099 received           
          from Cappy's.  She maintains that she was not negligent insofar             
          as she maintained adequate books and records to substantiate all            
          of her business expenses properly.                                          
               We need not address whether petitioner maintained adequate             
          books and records for purposes of the accuracy-related penalty.             
          In light of petitioner's failure to report substantial amounts of           
          her income, grounds for sustaining respondent's determination               
          that she is liable for the accuracy-related penalty exist                   
          independently of finding negligence based on the lack of                    
          maintaining adequate books and records.  Accordingly, petitioner            



               17 The accuracy-related penalty was also imposed on the                
          portion of the underpayment attributed to the disallowance of the           
          fuel tax credit under sec. 34 claimed by petitioner.  Petitioner            
          has conceded that she is not entitled to the sec. 34 credit.                



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