Caralan Trust, et al. - Page 32




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          perspective of either Alexion Trust or Caralan Trust, makes no              
          sense.                                                                      
               The J. Shirleys have failed to prove facts entitling them to           
          the depreciation deduction of $19,896 claimed by them, and we               
          sustain respondent’s determination of a deficiency to the extent            
          based on his disallowance of such deduction.                                
               B.  Penalties                                                          
                    1.  Section 6662(a)                                               
               Section 6662(a) provides for an accuracy-related penalty               
          (the accuracy-related penalty) in the amount of 20 percent of the           
          portion of any underpayment attributable to, among other things,            
          negligence or intentional disregard of rules or regulations                 
          (without distinction, negligence), any substantial understatement           
          of income tax, or any substantial valuation misstatement.                   
          Respondent determined the accuracy-related penalty                          
          against the J. Shirleys.  Although the J. Shirleys’ notice states           
          that respondent bases his imposition of the section 6662(a)                 
          accuracy-related penalty upon “1 or more” of the three grounds              
          listed in section 6662(b)(1) through (3), on brief, respondent              
          relies only on his claims that the J. Shirleys were negligent or            
          substantially understated their income tax.                                 
               Respondent bears the burden of production with respect to              
          all penalties.  See sec. 7491(c).  The burden imposed by section            
          7491(c) is only to come forward with evidence regarding the                 






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