- 32 - 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 thePage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011