The Nis Family Trust - Page 29




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            motions for judgment on the pleadings to remove the penalties                              
            from the scope of those motions and, thus, to limit them to the                            
            deficiencies in each case.  Respondent explained his action in                             
            amending the motions for judgment on the pleadings as resulting                            
            from his concern that the pleadings alone did not satisfy the                              
            burden of production that section 7491 imposes on him with                                 
            respect to petitioners’ liabilities for the section 6662                                   
            penalties.6  See sec. 7491(c).  Apparently, respondent was                                 
            concerned that, because of section 7491(c), we would refuse to                             
            enter judgment on the pleadings with respect to the section 6662                           
            penalties.                                                                                 
                        2.  Section 6662 Accuracy-Related Penalties                                    
                  Section 6662(a) provides for an accuracy-related penalty in                          
            the amount of 20 percent of the portion of any underpayment of                             
            tax attributable to, among other things (1) negligence or                                  
            disregard of rules or regulations (hereafter, simply, negligence)                          
            or (2) any substantial understatement of tax.  Negligence has                              

                  6  Because of respondent’s amendments to the motions for                             
            judgment on the pleadings, we do not determine the adequacy of                             
            petitioners’ pleadings with respect to the sec. 6662 penalties.                            
            Rule 34(b)(4) provides that the petition shall contain:  “Clear                            
            and concise assignments of each and every error which the                                  
            petitioner alleges to have been committed by the Commissioner in                           
            the determination of the deficiency or liability.  * * *  Any                              
            issue not raised in the assignments of error shall be deemed to                            
            be conceded.”  We need not determine whether, in fact,                                     
            petitioners failed to assign error to respondent’s determinations                          
            of the sec. 6662 penalties and, thus, are deemed to concede their                          
            liabilities for such penalties, thereby allowing for judgment on                           
            the pleadings with respect to such liabilities.                                            





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