Alton F. Emerson - Page 19




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          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.                          

















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