Earl E. Cloud, Jr. and Sheila S. Cloud - Page 19




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               Petitioners have failed to show that they were not                     
          negligent and did not disregard rules and regulations.                      
          Petitioners claimed deductions to which they were not entitled.             
          They failed to show that they maintained adequate books and                 
          records to provide a rational basis for their claimed deductions            
          and losses.  They claimed depreciation allowances for property              
          for periods when the property was held by other entities.  They             
          claimed other business deductions for which they have produced              
          no substantiation.  Accordingly, we sustain respondent’s                    
          determination on this issue.                                                
               Petitioners argue that the various personal misfortunes and            
          business pressures previously described “limited and restricted             
          * * * [petitioner’s] access to information, and records                     
          necessary to complete his returns.”  The sparse evidentiary                 
          record regarding these various misfortunes does not establish,              
          however, that any such adverse circumstances would have                     
          persisted in 1991 and 1992, when petitioners’ returns were                  
          finally filed with the assistance of a certified public                     
          accountant.  Moreover, we are unconvinced that the underpayments            
          as determined herein are attributable to petitioners’ lack of               
          information and records rather than to petitioners’ lack of good            
          faith in attempting to comply with the provisions of the                    
          Internal Revenue Code.  Accordingly, we sustain respondent’s                
          determinations on these issues.                                             






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