- 8 - We must therefore determine whether it was appropriate to impose the “substantial understatement” penalty for 1991 and the “negligence” penalty for 1992. a. Accuracy-Related Penalty for 1991 With Respect to $32,755 of Income Reported by Corporation for Period Prior to Formation The testimony of the witnesses at trial and the parties’ briefs focused on the portion of the 1991 accuracy-related penalty relating to income erroneously reported by Tesco. Respondent and petitioner agree that petitioner failed to include on Schedule C of his 1991 tax return $32,755 of income attributable to the Tesco business for the period August 1 through November 14, 1991. Petitioner contends, however, that this income was erroneously included on Tesco’s corporate return due to an error of fact or law by his accountant. Respondent, in the notice of deficiency, admitted that the income was erroneously allocated to Tesco rather than entirely omitted: It is determined that Schedule C net income of $32,755.00 for the period of August 1, 1991 through November 14, 1991 was improperly omitted from the return. You reported the net income from this period on the corporate return of Tesco Driveaway Co., Inc. However, Tesco Driveaway Co., Inc. was not incorporated until November 15, 1991 and therefore did not exist until that date. Per your books the net income for the period of August 1, 1991 through November 14, 1991 is $32,755.00. Therefore, your taxable income is increased $32,755.00 for 1991. Respondent argues that petitioner knew or should have known that the State of Missouri had rejected Tesco’s incorporationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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