- 19 - underpayment and the taxpayer acted in good faith with respect to the underpayment. See sec. 6664(c). It is well established that petitioner bears the burden of proof on this issue. See Bixby v. Commissioner, 58 T.C. 757, 791 (1972). Petitioner has not sustained his burden. In 1995, petitioner claimed losses from the automobile drag racing activity aggregating $70,428.52 with no apparent expectation that the activity would ever become profitable. Petitioner's participation in this activity was predominantly for pleasure and recreation. Additionally, we have found that the income petitioner reported as nontaxable in 1995 and 1996 should have been included in his gross income. Petitioner offered no basis at trial for his decision to report the income as nontaxable. Accordingly, we sustain respondent on this issue and hold that petitioner is liable for the accuracy-related penalty pursuant to section 6662(a) in 1995 and 1996. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
Last modified: May 25, 2011