Karen and Gary Fujita - Page 5




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          under section 6662(a) for 1994.  Respondent also determined                  
          additions to tax under sections 6651(a) and 6654(a)3 for 1995.               
          The Commissioner's determinations are presumptively correct, and             
          the taxpayer bears the burden of proving otherwise.  See Rule                
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).                        
          Petitioners did not address the additions to tax or the accuracy-            
          related penalty and have therefore failed to meet their burden.              
          Accordingly, the additions to tax and the accuracy-related                   
          penalty are sustained.4                                                      
               By motion made at the conclusion of trial, respondent                   
          requested the Court to impose a penalty on petitioners under                 
          section 6673.  Section 6673(a)(1) authorizes the Tax Court to                
          require a taxpayer to pay to the United States a penalty not to              
          exceed $25,000 if the proceedings have been instituted or                    
          maintained by the taxpayer primarily for delay or if the                     
          taxpayer's position in such proceedings is frivolous or                      
          groundless.  See sec. 6673(a)(1)(A) and (B).  A position                     
          maintained by the taxpayer is "frivolous" where it is "contrary              
          to established law and unsupported by a reasoned, colorable                  

               3The addition to tax for 1995 under sec. 6654(a) applies                
          only to petitioner, as determined by separate notice of                      
          deficiency.                                                                  
               4We do not sustain, however, the addition to tax pursuant to            
          sec. 6654(a) for 1994.  Petitioners filed a joint Federal income             
          tax return for 1994.  Therefore, we lack jurisdiction over the               
          addition to tax pursuant to sec. 6654(a) for 1994.  See sec.                 
          6665(b)(2).                                                                  




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