Glenn H. and Diane J. Flood - Page 21




                                       - 21 -                                         
          also have forgotten to record other sales of unknown amounts.               
          Petitioner’s testimony reveals that he was aware that invoices              
          may not have been prepared for a number of larger items sold by             
          FAP.  Petitioner used the understated amount reflected by the               
          invoices to prepare summary sheets which he then provided to the            
          return preparer.  Petitioner failed to inform the return preparer           
          that certain sales were omitted.  In addition, petitioner did not           
          always deposit the proceeds from FAP’s sales into a bank                    
          account; therefore, there was no record of some portion of the              
          sales.                                                                      
               Petitioners also contend that these unrecorded and                     
          unreported sales were of minor consequence.  However,                       
          respondent’s reconstruction of petitioners’ income reflects                 
          relatively sizable amounts of omitted income.  As to the                    
          remaining items making up the deficiency, apart from the capital            
          gain item, petitioners did not make any argument as to why                  
          respondent’s determination was in error or that their return                
          position was reasonable.  Therefore, we find petitioners liable             
          for the accuracy-related penalties on the resulting income tax              
          deficiencies.                                                               
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        under Rule 155.                               








Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  

Last modified: May 25, 2011