Ilija and Branka Mitic - Page 23




                                               - 23 -                                                  
            that record that Mr. Mitic has failed to prove that petitioners                            
            are entitled to the depreciation deduction claimed with respect                            
            to the Geo in the 1994 joint return.  Consequently, we sustain                             
            respondent’s determination disallowing that deduction.                                     
            Accuracy-Related Penalty Under Section 6662(a)                                             
                  Respondent determined that petitioners are liable for each                           
            of the years at issue for the accuracy-related penalty under                               
            section 6662(a).  Mr. Mitic makes no argument on brief regarding                           
            those penalties.                                                                           
                  Section 6662(a) imposes an accuracy-related penalty equal to                         
            20 percent of the underpayment of tax resulting from a substan-                            
            tial understatement of income tax.  An understatement is equal to                          
            the excess of the amount of tax required to be shown in the tax                            
            return over the amount of tax shown in the tax return, see sec.                            
            6662(d)(2)(A), and is substantial in the case of an individual if                          
            it exceeds the greater of 10 percent of the tax required to be                             
            shown or $5,000, see sec. 6662(d)(1)(A).                                                   
                  The accuracy-related penalty under section 6662(a) does not                          



                  9(...continued)                                                                      
            was used during 1994 in a trade or business or held for the                                
            production of income.  In this connection, the record establishes                          
            that petitioners also claimed in the 1994 joint return deprecia-                           
            tion deductions with respect to at least two other automobiles.                            
            We find it incredible that petitioners used the Geo as well as                             
            those two other vehicles during 1994 in one or more trades or                              
            businesses or held them for the production of income, especially                           
            in light of Mr. Mitic’s testimony that Ms. Mitic was too ill to                            
            work during 1994.                                                                          





Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011